Powers of President of India-General Studies Civil Service

Legislative powers of President of India, Rules making Powers of President of India, Executive powers of President, Regulations made by President, Special Powers of the President

1. Comprehensive Note on President of India

2. President and Vice President Aspects President Vice President Institution 52- There shall be a President of India. 63- There shall be a Vice-President of India Electoral college 54 - The President shall be elected by the members of an electoral college consisting of— a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. 66 (1) (1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. Manner of election 55- Manner of election-1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union , Rajya Sabha  passed by an effective majority (more than 50% of effective membership(total membership-vacancies)) and agreed to by a simple majority (50% of voting members) of the  Lok Sabha  (Article 67(b))

3. Qualification, Conditions of Office and Oath, etc in respect of President and Vice President Aspects President Vice President Qualification 58 (1) No person shall be eligible for election as President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People 66 (3) No person shall be eligible for election as Vice-President unless he— (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States Conditions of President’s Office 59- conditions of president office-1) The President shall not be a member of either House of Parliament …(2) The President shall not hold any other office of profit. 66 (2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State Oath 60- Oath by President-make and subscribe in the presence of the Chief Justice of India 69- Oath by Vice President-make and subscribe before the President Rajya Sabha  passed by an effective majority (more than 50% of effective membership(total membership-vacancies)) and agreed to by a simple majority (50% of voting members) of the  Lok Sabha  (Article 67(b))

4. President and Vice President Aspects President Vice President Removal 61- Impeachment 67 (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People ; - Time of holding of election 62- Time of holding of election to fill vacancy-1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. 68-(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. Term of Office 56 (1) The President shall hold office for a term of five years from the date on which he enters upon his office 67- The Vice-President shall hold office for a term of five years from the date on which he enters upon his office: Provided that— Re election 57--- be eligible for re-election to that office. No mention Rajya Sabha  passed by an effective majority (more than 50% of effective membership(total membership-vacancies)) and agreed to by a simple majority (50% of voting members) of the  Lok Sabha  (Article 67(b))

5. Powers of President

6. Appointing powers of President Article Power to appoint 75(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. 76(1) 1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. 12492) (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal. 148(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal 155 The Governor of a State shall be appointed by the President by warrant under his hand and seal

7. Appointing powers of President Article Power to appoint 217(1) (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal 239AA(5) (5) The Chief Minister( of NCT) shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President 316(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President 338(3) The Chairperson, Vice-Chairperson and other Members of the Commission ( NC for SC)shall be appointed by the President by warrant under his hand and seal. 338A The Chairperson, Vice-Chairperson and other Members of the Commission(NC for ST) shall be appointed by the President by warrant under his hand and seal.

8. Authorities/persons holding office during pleasure of the President Article Subject matter 75 (2) The Ministers shall hold office during the pleasure of the President 76(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. 156(1) The Governor shall hold office during the pleasure of the President. 239AA (5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President 310 1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President,

9. Some other Powers of President Article Subject 74(1) The President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration . 80(1)(a) T welve members having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art and social service to be nominated by the President in Council of States.

10. Legislative Powers Article Power 85(1) (1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session 85(2) (2) The President may from time to time— (a) prorogue the Houses or either House; (b) dissolve the House of the People. 86. Right of President to address and send messages to Houses The President may address either House of Parliament or both Houses assembled together The President may send messages to either House of Parliament 87 At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together

11. Legislative Powers continued Article Substance 123(1) (1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action , he may promulgate such Ordinances as the circumstances appear to him to require . 111 When a Bill has been passed by the Houses of Parliament, it shall be presented to the President , and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom : 112(1) The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the " annual financial statement ''. 115 Supplementary, additional or excess grants 201 When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom : 239B (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory

12. Executive Powers Article Power 77(1) (1) All executive action of the Government of India shall be expressed to be taken in the name of the President. 76(2) (2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. 103 (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102 , the question shall be referred for the decision of the President and his decision shall be final. 217 (3) If any question arises as to the age of a Judge of a High Court , the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.

13. Executive Powers of the President Article Subject 280 (1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission 281 The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament 323 ..on receipt of such report( Public Service Report of Commission) the President shall cause a copy thereof together with a memorandum explaining , as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such n on-acceptance to be laid before each House of Parliament. 338 (6) The President shall cause all such reports( Reports of National Commission for SC)to be laid before each House of Parliament along with a memorandum 338A (6) The President shall cause all such reports ( Reports of National Commission for ST)to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance , if any, of any such recommendations. 340 (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

14. Executive Powers of the President Article Subject 344 (1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement , by order constitute a Commission ( on official language) 350A President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities( adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups) 350B(2) President shall cause all such reports ( Report of Special Officer on Linguistic Minorities) to be laid before each House of Parliament, and sent to the Governments of the States concerned. 394 A(1) (1) The President shall cause to be published under his authority,— (a) the translation of this Constitution in the Hindi language

15. Executive Powers of the President Article Subject 280 (1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission 281 The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament 323 ..on receipt of such report( Public Service Report of Commission) the President shall cause a copy thereof together with a memorandum explaining , as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such n on-acceptance to be laid before each House of Parliament. 338 (6) The President shall cause all such reports( Reports of National Commission to be laid before each House of Parliament along with a memorandum 338A (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance , if any, of any such recommendations. 340 (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

16. Rules making powers of President Article Substance 77(2) (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President 77(3) (3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business 98(3) Until provision is made by Parliament( under 98(2)) by law regulate to regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament- The President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States 146(1) The President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court(SC) shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.

17. Rules making power of President Article Subject 101(2) No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the President , that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State. 118(3) The President , after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses 148(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General . 190(2) (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules made by the President, that person's seat in the Legislatures of all such States shall become vacant , unless he has previously resigned his seat in the Legislatures of all but one of the States.

18. Rules making power of President Article Subject 283(1) Custody of Consolidated fund, contingency fund and public account- all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament , and, until provision in that behalf is so made , shall be regulated by rules made by the President. 309 It shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union- to make rules regulating the recruitment , and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature - any rules so made shall have effect subject to the provisions of any such Act . 324(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: 338(2) The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members of National Commission for SC shall be such as the President may by rule determine . 338(5)(f) National Commission for SC- to discharge such other functions in relation to the protection , welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

19. Rules making power of President Article Subject 338A(2) The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members of National Commission of ST shall be such as the President may by rule determine. 338A(f) National Commission for ST- to discharge such other functions in relation to the protection , welfare and development and advancement of the Scheduled Tribesas the President may, subject to the provisions of any law made by Parliament, by rule specify.

20. Rules made with the approval of President Article Subject 145(1) The Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court. 146 (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

21. Certain areas where Rules may be made by President Article Substance 128 Retired Judges at Supreme Court when requested to sit in Supreme Court - be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court: 142(1) (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe . 158(3) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine. 222(2) (2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution ( Fifteenth Amendment ) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.

22. Article Substance 224A Retired Judges sitting in High Court -be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court 317(3) The President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— (a) is adjudged an insolvent ; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body 340 (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India 372(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution , the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law Certain areas where Rules may be made by President

23. President may by order make certain adaptations Article Substance 372(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution , the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law 372A(1) (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution ( Seventh Amendment ) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the first day of November, 1957 , make such adaptations and modifications of the law, whether by way of repeal or amendment , as may be necessary or expedient.

24. Some special cases where President may issue order Article Subject 371 President may by order made with respect to the State of Maharashtra or Gujarat, provide for any special responsibility of the Governor for— (a) the establishment of separate development boards for Vidarbha , Marathwada , and the rest of Maharashtra or, as the case may be, Saurashtra , Kutch and the rest of Gujarat . 371 B The President may, by order made with respect to the State of Assam , provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule . 371 C(1) The President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State. 371 D The President may by order made with respect to the State of Andhra Pradesh provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State.

25. Rules made with the approval of President Article Subject 145(1) The Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court. 146 (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

26. Regulation making power of President Article Subject 240 The President may make regulations for the peace, progress and good government of the Union territory of— (a) the Andaman and Nicobar Islands; (b) Lakshadweep; (c) Dadra and Nagar Haveli; (d) Daman and Diu; (e) Puducherry : Any regulation so made may repeal or amend any Act made by Parliament or any other law, which is for the time being applicable to the Union territory and, when promulgated by the President , shall have the same force and effect as an Act of Parliament which applies to that territory 318 The President may make regulations for determining the number of members of the Commission and their conditions of service; and 320 (3) Provision to clause(3) -The President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted . All regulations made under the proviso to clause (3) by the President shall be laid for not less than fourteen days before each House of Parliament

27. Role of President regarding - recommendation on Bills, etc Article Subject matter 3 No Bill for formation of new States and alteration of areas, boundaries or names of existing States purpose shall be introduced in either House of Parliament except on the recommendation of the President 113 (3) No demand for a grant shall be made except on the recommendation of the President. 117 (1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President 274 Prior recommendation of President required to Bills affecting taxation in which States are interested. No such bill shall be introduced or moved in either House of Parliament except on the recommendation of the President 117(3 ) (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill

28. Bills to be reserved for consideration of the President Article Subject 31A The provisions of article 31 A( which relates to Saving of laws providing for acquisition of estates, etc) shall apply to laws made by State Legislature only when such law was reserved for the consideration of the President and has received his assent. 31 C The provisions of article 31 C( which relates to Saving of laws giving effect to certain directive principles ) shall apply to laws made by State Legislature only when such law was reserved for the consideration of the President and has received his assent. 288(2) The Legislature of a State may by law impose, or authorise the imposition of, any in respect of any water or electricity but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent. 360(4)(a)(ii) Union may give directions that Money Bills or other Bills to which the provisions of article 207 apply to be reserved for the consideration of the President after they are passed by the Legislature of the State;

29. Bills deriving strength – if reserved for consideration of President 254(2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall prevail in that State if it has been reserved for the consideration of the President and has received his assent, 239 AA(3) If any such law( law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter ) made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the National Capital Territory:

30. Matters where previous sanction of President is required before introduction of Bills Article Subject 349 During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President 304 No Bill or amendment imposing reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public inter est shall be introduced or moved in the Legislature of a State without the previous sanction of the President

31. Orders of President under special circumstances Article Substance 239AB President, on being satisfied after receipt of a report from the Lieutenant Governor or otherwise - that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article; or that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the provisions of any law made in pursuance of that article. 359(1) Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III ( except articles 20 and 21 ) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended .

32. Thanks