The Parliamentary form of government depends on principles and practices wherein the President is the formal executive and council of minister headed by the Prime Minister is the real executive.
All the actions of government are undertaken in the name of President but only on the advice of ministers chosen by him.
According to Article 53 of the Constitution “executive powers of the Union shall be vested in the hands of the President who shall exercise it either directly or through officers subordinate to him in accordance with the provisions of the Constitution.”
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The powers of the President can be broadly categorized as:
1. Executive Power:
All executive actions are taken in his name. He has power to appoint the Prime Minister, other ministers of the Government of India, Attorney General for India, the Comptroller and Auditor General of India, the Judges of the Supreme Court, the Judges of High Court of States, the Governors of State, Members of Union and Joint Public Service Commission, the members of Finance Commission, the Chief Election Commissioner and members of election commission.
The President shall also have the power to remove ministers, Attorney General, judge of Supreme Court or High Court or Election Commissioner on the advice of Parliament, Chairman and member of Public Service Commission on the report of Supreme Court.
2. Legislative Power:
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President is an integral part of Indian Parliament. In this respect
i. He can prorogue or summon the houses of Parliament, dissolve the Lok Sabha and summon the Joint session of the two houses of Parliament in case of a deadlock.
ii. He gives his assent to all bills passed by the Parliament to become a law.
iii. He addresses either or both houses of Parliament, at the first session of the lower house after each general election and at the commencement of first session each year.
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iv. He has power to send messages to either house of Parliament which the House must consider.
v. He has power to nominate not more than 12 members to the Rajya Sabha and not more than 2 members belonging to the Anglo-Indian Community to the Lok Sabha.
vi. He has power to promulgate an ordinance when the Parliament is not in the session (Article 123). Presidential ordinance has the same force and effect as an Act of Parliament.
vii. He has power to declare his assent to a bill declare that he withholds his assent return the bill for reconsideration (not money bill)
viii. The Governor of a state may reserve a bill for President Assent, but it is obligatory when the Bill derogates the power of High Court. In cases where a state bill is reserved for Presidential assent, he can declare that he withhold his assent or can give assent.
3. Military Power:
The President is the Commander-in-Chief of the Defence forces. However, the exercise of his power is to be regulated by law of the Parliament.
4. Judicial Power:
The President is accorded the power to grant pardon, reprieve, respite, remission of punishment in cases of (a) Court Martial (b) offences against laws made under the Union and Concurrent lists (c) death sentences. He also appoints judges of the Supreme Court and High Courts through an integrated consultative process.
5. Diplomatic Power:
As the highest constitutional dignitary, the President appoints ambassadors to foreign countries and receives diplomatic delegates of foreign countries.
6. Financial Power:
It is President who causes to lay before the Parliament, the annual budget. Money Bill can be introduced only with his prior recommendation.
7. Emergency Power:
President is assigned three kinds of emergency powers under Article 352, 356 and 360.
