Under Article 53, the President is entrusted with the executive powers of the Union. The president is empowered to exercise such a power either directly or through officers subordinate to him/her. It should be noted that the president exercises all of his/her powers as per the advice of the council of ministers. It is only in rare cases, like appointment of the PM in case no party holds requisite majority in the Lok Sabha, that the president may act in his/her individual judgement.

The constitution has provided wide ranging powers to the president which can be classified as follows:

Executive Powers of the President of India

It means the execution of laws enacted by the parliament and the power of carrying on the business of government or the administration of the affairs of the state.

The executive powers of the President can be categorized into appointment and administrative powers.

Presidential Appointment Powers in India

The president makes appointments to the following offices:

• The Prime Minister of India and his/her council of ministers (on the recommendation of the PM)

• The Chief Justice of India and the judges of the supreme court
• Chief justices of high courts and judges of the court
• Governors for states
• The Comptroller and Auditor General of India
• The chief election commissioner and other election commissioners in the election commission of India.
• The Attorney General of India

The president also has powers to remove these functionaries as per respective provisions of the constitution.

Administrative Powers of the President

The executive powers of the Union are vested with the President of India.

• The president can make rules for the convenient transactions of business of the Union government.
• The president can seek any information from the PM regarding the administrative affairs and legislative proposals of the Union.
• The president administers the Union territories through the administrators appointed by him/her.

• The president can constitute an Inter-State Council for co-operation between the centre and states.

Legislative Powers of the President

• Session of Parliament: The President has the power to summon and prorogue the sessions of parliament. The President also has the power to dissolve the Lok Sabha.

• Assenting bills: A bill passed by both the houses of the parliament can become a law only if it has received assent from the President. The president can also send a bill (except a money bill and a constitution amendment bill) back to the parliament for its reconsideration 

• Nomination of members: The President of India has the power to nominate 12 members to the Rajya Sabha who have made extraordinary accomplishments in the fields of science, art, literature, and social service.

• Joint Sitting: Under Article 108, the president can call a joint sitting of both houses for resolving a deadlock on a bill.

• Address to the parliament: The president addresses the first session of parliament after the general election and the first session each year.

• Prior approval: President’s prior permission is required for the introduction of certain types of bills, like a bill involving the reorganisation of states and territories.

• Disqualification of members: Can disqualify the members of parliament on the recommendation of the Election Commission of India.

• Reports of bodies: The president lays the reports of CAG, UPSC, Finance Commission and others before the Parliament.

• Ordinances: The President has the authority to issue ordinances during the times when Parliament is not convened.

Ordinance making power of the president

According to Article 123 of the Constitution, the President can issue ordinances while Parliament is in recess, meaning when it is not in session. These ordinances hold the same authority as an act passed by Parliament.

Key Features of Ordinance Making

• To take immediate action: Ordinances are issued in circumstances that require ‘immediate action’ from the government.
• Not a discretionary power: The authority to make ordinances is not a discretionary power; the President can only enact or revoke an ordinance based on the advice provided by the Council of Ministers led by the Prime Minister.

• Can be retrospective: Ordinances can be retroactive, meaning they can take effect from a date prior to their issuance.
• Scope of ordinance: Ordinances are allowed to modify or annul any act of Parliament or another ordinance. They can be utilized to change tax laws, but they cannot be used to amend the Constitution.
• Withdrawal of ordinance: The President has the ability to retract an ordinance at any moment.
• Ordinance and National emergency: Ordinances are unrelated to the National Emergency outlined in Article 352, allowing the President to issue an ordinance even in the absence of a national emergency.

Limitations on Ordinance-Making Power

• Not a parallel power of legislation: Ordinance powers are not a substitute for legislative power, as they can only be enacted when neither House of Parliament is in session, or when one of the Houses is not in session.
• Parliamentary approval: The ordinance must be approved by the parliament within six weeks of its reassembly or it ceases to have an effect. So, an ordinance can have a maximum life of six months (The duration between two sessions of the parliament cannot be more than six months) plus six weeks.
  • Acts committed under the ordinance do not cease to have effect even if the ordinance is disapproved by the parliament.
  • According to the rules of Lok Sabha, whenever a bill seeking to replace an ordinance is introduced in the house, a statement stating the circumstances that had necessitated the ordinance has to be placed before the House.
• Subjects: An ordinance may only be issued on subjects for which Parliament is permitted to legislate.
• Review by courts: President’s power to promulgate an ordinance is justiciable and applicability of judicial review is possible on the ground of malafide.

Landmark Judgements on the Ordinance Power of the President

• RC Cooper Case, 1970: In the RC Cooper Case of 1970, the Supreme Court determined that the President’s decision to promulgate an ordinance can be challenged in court based on allegations of malafide intent. Thus, ordinances cannot be announced to circumvent debate and discussions within the legislature.
• DC Wadhwa vs. State of Bihar, 1987: In the DC Wadhwa vs. State of Bihar case in 1987, the Supreme Court asserted that the power to make ordinances should be exercised only in exceptional situations by the executive.
• Krishna Kumar Singh vs State of Bihar, 2017: Seven-judges Constitution Bench of the Supreme Court held that re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes.

Veto powers of the President

Article 111 of the Constitution outlines how the President can give assent to bills. ‘Veto powers’ is a popularly used term to denote this particular power of the president. The term ‘Veto Powers’ is nowhere mentioned in the constitution.

When a bill is presented to the President for his/her assent, the president has three options:

• Give assent to the bill
• Withhold assent to the bill 
• Return the bill for reconsideration of the Parliament. (exception: Money bills and constitution amendment bills)
  • However, if a bill is subsequently passed by Parliament again, whether or not it is amended, and is presented to the President, the President is obligated to provide his assent. 

The President does not possess veto authority concerning constitutional amendment bills and must therefore give assent to them. The Constitution (24th Amendment) Act of 1971 mandated that the President must assent to a constitutional amendment bill.

What is the purpose of giving Veto power to the President?

• To prevent legislations which are unconstitutional
• To prevent hasty and ill-considered legislation by the Parliament.

Types of veto powers

• Absolute Veto: 

• Meaning: This power allows the President to refuse assent to a bill that Parliament has passed, preventing the bill from becoming an act.

• Usual application: 

• This is typically applied to Private Members’ Bills. 

• In regards to government bills, this occurs when the Cabinet resigns and the incoming Cabinet advises the President to withhold assent to such bills.

• Examples:

• For example, in 1954, Dr. Rajendra Prasad, as President, exercised an absolute veto by refusing to assent to the PEPSU Appropriation Bill. 

• In 1991, an Absolute Veto was exercised by President R. Venkataraman when he withheld his assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill.

• Suspensive Veto:

• • Meaning: This refers to the President’s capability to send the bill back to Parliament for further consideration.
  • Assent after reconsideration: Once reconsidered, the President cannot use any veto powers if Parliament re-passes the bill, regardless of amendments. This indicates that the President’s suspensive veto can be overridden by Parliament’s passage of the bill once more.
  • Exception: An exception exists for money bills; the President does not hold this veto power in such cases and can either grant or deny assent but cannot return them for reconsideration. Generally, the president gives his assent to money bills as they are introduced in Parliament with his prior permission. 
• Pocket Veto: 
  • Meaning: Article 111 of the Indian constitution does not prescribe any time limit for the president to give his/her assent to a bill passed by the Parliament. The President can practically postpone an action on a bill for an indefinite time. This situation is known as the Pocket Veto.
  • Example: In 1986, President Zail Singh exercised pocket veto with respect to the Indian Post Office (Amendment) Bill.