The president has the following options, when a bill passed by the state legislature is reserved by the governor for the consideration of the president.
- Give his/her assent to the bill
- Withhold his/her assent to the bill
- Direct the governor to return the bill (exception: money bill) for reconsideration of the state legislature.
- If the bill is passed again by the state legislature with or without amendments and again presented before the President for his assent, the President is not bound to give his assent. The constitution has not mentioned any time limit within which the President has to take a decision on the state bills.
Military Powers of the President of India
- The President of India is the commander in chief of all the Indian armed forces. He appoints the chiefs of all the armed forces.
- The President has the power to declare war or conclude peace with any country on the advice of a council of ministers headed by the Prime Minister.
Diplomatic Powers of the President of India
- Treaties: All treaties with any foreign countries are signed in the name of the President of India.
- Appointment of diplomats: He appoints Indian ambassadors in foreign countries and receives the credentials of the foreign diplomatic representatives.
Financial Powers of the President of India
- Money bills: Money Bills can be introduced in the Parliament only after the prior recommendation of the President.
- Contingency fund of India: He can make advances out of the contingency fund of India to meet any unforeseen expenditure.
- Budget: He lays down Annual Financial Statement (Union Budget) before parliament in each financial year.
- Finance commission: He constitutes a Finance Commission every five years for recommending distribution of revenues between the union and states and between different states.
Emergency Powers of the President of India
To protect the state’s sovereignty, unity, integrity, and security, Part XVIII (Article 352-360) of the Indian Constitution provides emergency provisions. The President can proclaim three types of emergencies:
- National emergency under article 352
- President’s rule in case of constitutional machinery failure in a state under article 356
- Financial emergency under article 360
Judicial Powers of the President of India
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- Advice from supreme court: The president can seek advice from the Supreme Court on any question of law or fact. Any such advice given by the Supreme court is not binding on the President.
- The president can grant pardons, remit, commute, and respite the sentences of the persons who are convicted under any Union law, court-martial and death sentences.
Pardoning Powers of the President
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- Constitutional provision: Article 72 of our constitution provides for various pardoning powers of the president.
- Application: The President has the power to grant pardons if the punishment of the crime is:
- An offence against union law,
- Granted by the military court
- The punishment is that of death.
- Reasons for such power:
- To correct any judicial errors in operation of law
- To afford relief from a sentence which the President regards as unduly harsh.
Types of pardoning power
| Type | Explanation |
| Pardon | When the President grants a pardon, the sentences, punishments, and disqualifications meted out to the offender are nullified. |
| Respite | A lesser sentence is granted in place of the original one using this power. The President may exercise this authority, for example, if a convict has a physical disability or if a female offender is pregnant. |
| Reprieve | As soon as the President uses the pardoning power of ‘Reprieve,’ he temporarily suspends the execution of a sentence (particularly the death penalty). As a result, the inmate has more time to petition for clemency or commutation of sentence. |
| Remit | It is used to reduce the sentence’s length, but punishment retains its original character. For example, a sentence of two years of strict imprisonment may be reduced to one year of strict imprisonment. |
| Commute | Original form of punishment can be substituted for a lighter form of punishment by using this power. E.g. Death penalty being commuted to life imprisonment or 10 years of rigorous imprisonment being substituted for 7 years of simple imprisonment. |
Comparison of Pardoning Powers: President vs. Governor in India
The constitution under article 161 has empowered the governor with pardoning powers. However, there are two major differences between the pardoning power of the President and that of the Governor.
| Parameter | Pardoning power of the President | Pardoning Power of the Governor |
| Court-martial | Can pardon sentences inflicted by court-martial | Cannot pardon sentences inflicted by court-martial |
| Death Sentence | Can pardon death sentences | Cannot pardon death sentences. Can only suspend, remit or commute a death sentence. |
Judgements of the Supreme court regarding pardoning power
Maru Ram v. Union of India (1981)
In this case, the Supreme court’s constitutional bench decided on whether or not the President can use the power of Pardon at his/her own discretion. Following was held by the court:
- Not a discretionary power: The SC held that the power under Article 72 is to be exercised by the president on the advice of the union Government and not in his/her individual judgement, and that the advice of the union government is binding on the president.
- Cannot be used arbitrarily: The court held that the power “should not be exercised arbitrarily, maliciously or in complete disregard of the highest constitutional standards.”
Kehar Singh & others v. Union of India (1988)
A writ petition and special leave petition was filed by the applicant, raising the question if the President has the power to hear a case on its merits when the case has already been decided by the Supreme Court.
The petitioner further questioned the extent of the power of the President under Article 72 of the Indian Constitution. It was held by the Petitioner that he was entitled to an oral hearing from the President.
Following was held by the court:
- Entitled to look into merits: Court held that the President is entitled to look into the merits of the case even if the case had been decided by the Supreme court.
- Subject to Judicial review: It was held that the President’s power under Article 72 can be examined by the court by way of judicial review.
- No right to oral hearing: A sentenced person has no right to insist on an oral hearing before the President.
Shatrughan Chauhan Vs. Union of India (2014)
In the case the Supreme court decided on 2 major questions:
- Whether the delay caused in disposal of the mercy petition amounts to a violation of Article 21?
The Court held that inordinate and unreasonable delay in rejecting the mercy plea by the President is a violation of Right to life under Article 21. The SC stated that such inordinate delay amounts to torture. However, the Supreme court refused to fix the time period above which such delay would amount to torture.
- Whether excessive delay on part of the President/Governor to dispose of the mercy petition filed under Article 72/161 of the Constitution act as a sufficient ground for commuting a death sentence into life imprisonment?
The Supreme Court commuted the death sentence of all 15 convicts, involved in this case, into life imprisonment. It also held that undue, inordinate and unreasonable delay in disposing mercy petition is in itself a sufficient ground to entitle the convict to pray for commutation of the death sentence.
