ROLE OF THE PRESIDENT OF INDIA

POLITICAL SCIENCE- I

SUBMITTED BY:

RAJAT KUMAR GARG

UID: SM0119038

B.A., LL.B., 1st YEAR, 1st SEM.

FACULTY IN-CHARGE:

DR. MAYENGBAM NANDAKISHWOR SINGH

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

GUWAHATI, ASSAM

DATE: 6 NOV. 2019

 TABLE OF CONTENTS

PARTICULARS PAGE NO.

1. Introduction ------------------------------------------------------------ 1-4

1.1 Overview
1.2 Literature Review
1.3 Research Questions
1.4 Scope and Objective
1.5 Research Methodology
2. Power of the President of India ------------------------------------- 5-9
2.1 Judicial Power
2.2 Appointment Power
2.3 Financial Power
2.4 Diplomatic Power
2.5 Military Power
2.6 Pardoning Power
3. Role of President in Indian Parliament ---------------------------- 10-14
3.1 Legislative Power
3.2 Executive Power
3.3 Ordinance Making Power
4. Emergency Powers of President of India -------------------------- 15-19
4.1 National Emergency
4.2 President’s Rule
4.3 Financial Emergency
5. Conclusion --------------------------------------------------------------- 20
Bibliography

i
 CHAPTER-I
INTRODUCTION

1.1 Overview

The Union Executive in India is consisting of President, the Vice-President, Prime Minister,
council of ministers and Attorney general of India. President confers the whole authority in the
whole executive. President of India is the head of the Indian State. He is the first citizen of
India and act as a symbol of unity, security, sovereignty and integrity of India. He is the
ceremonial head of the State.

Office of President is given under art. 52 of the Constitution. He confers various power in the
constitution of India. His power includes legislative power, executive power, judicial power,
appointment power, financial power, diplomatic power, military power, pardoning power and
emergency power also.

“Under the draft constitution the President occupies the same position as the King under the
English Constitution. He is the head of the state but not of the Executive. He represents the
Nation but does not rule the Nation. He is the symbol of the Nation. His place in the
administration is that of a ceremonial device on a seal by which the nation's decisions are made
known.”1

The primary duty as mentioned in the constitution is to protect, preserve and defend the
constitution and laws of country. This all is mentioned on his oath during his appointment.
Legislative power is vested in the Parliament of India of which President is head. To form a
law, it should be passed by both the houses of parliament. And at last it must be approved by
President to be operative.

Art. 53 of the constitution provides the executive powers to President which can be used
directly or indirectly by him. Under his executive powers Union Cabinet headed by Prime
Minister should aid and advice the President in exercising his power. Under article 142 it is the
duty of the president to maintain the sanctity of the Supreme Court.

1
Singh, Mahendra Prasad. “Ambedkar: Constitutionalism and State Structure”.

1
Main role of President is to protect the law in India. He appoints various ministers, judges and
other officers for functioning the administration in the country. He has special powers over
money bills. All the diplomatic or international decision take place on his name.

These all powers are mentioned in descriptive manner in this project and it also contains a
detailed study on the powers of president, his role in Indian Parliament, and Emergency powers
also.

2
1.2 Literature Review
1. Jain, M P. Indian Constitutional Law. Gurgaon, LexisNexis. (2014, 7th edition).

This book has explained various aspect of constitution. This book also has textual comments
on constitution. The various examples given here i.e., one of them is President under Union
Executive needed a new chapter. This book covers each and every section of the constitution
in a very descriptive manner. This contains a lot of matter for the Law Students in India.

2. Datar, Arvind P. Commentary on the Constitution of India. Nagpur, Wadhwa and

Company Nagpur. Vol. 2 (2007, 2nd edition).
Datar has explained the role of President and his powers and importance in a very descriptive
way. Volume second of his book has a lot to get knowledge about President. It explains each
and every article of constitution with various case laws and cases also.

3. Basu, Dr Durga Das. Commentary on the Constitution of India. New Delhi, LexisNexis
Butterwords Wadhwa Nagpur. Vol. 4 (2008, 8th edition).
This book contains a very detailed description of the constitution that has made learning easy.
This book is very long and informative. This book is best way to know about constitution and
historical background and what changes are made in the Constitution.

4. Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private

Limited. (2017, 5th edition).
This book is mainly for the civil servant exam preparation but to study India polity and its
development in a detailed manner. Then this is a good book which can be considered for
studying. It contains each topic in a descriptive manner with statics data also.

5. Koticha, Kishore K. Presidential intervention under article 356 of the constitution of

India. Indian Law Institute. Journal of the Indian Law Institute, Vol. 2, No. 1 (1959),
pp. 125-133.
This is an article which mainly tell about the President’s Rule in case of failure of constitutional
machinery. It provides a detailed research on it. It tells about President’s Rule reason, effects,
declaration, and other matter also.

3
1.3 Research Questions
1. What is the role of President in India in case of Legislature and Executive?
2. What powers are exercise by the President in case of Emergency?
3. What are the powers of President in context of appointments, military, foreign matters, etc.?

1.4 Scope and Objectives:

• Scope:
The scope of this project is to do detailed study on the roles and powers of the President in
case of India as per Indian Constitution.
• Objectives:
1. To understand the power of president in case of Legislature, Executive, Judiciary and
about its other jurisdictions.
2. Another objective of this project is to study the power confers to the President if there
is Emergency imposed in the country.

1.5 Research Methodology:

• Approach to Research:
The approach involved in this project regarding research is Doctrinal Approach. This
research includes research in which secondary sources are used and materials are collected
from libraries, books, journals, articles, etc.
• Sources of Data Collection:
Secondary sources of data are used in this project. This mainly includes books and
commentary on India Constitution and various articles related to power and role of
President in context of Indian Constitution.
• Types of Research:
Explanatory type of research was used in this project, because the project topic was not
relatively new and unheard of and also because various concepts were needed to be
explained.

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 CHAPTER- II
POWER OF THE PRESIDENT OF INDIA

President is the head of the state. He is the first citizen of India. Powers of president are divided
under various categories:

2.1 Judicial Powers

As the oath of President under article 60 mentioned that the president has the primary duty to
protect, preserve and defend the constitution and the law of India. He appoints the Chief Justice
of India and other judges on the advice of Chief Justice. He can seek advice from the Supreme
Court on any question of law or fact under art. 143. These matters can be legal matter,
constitutional matter, matter of nation or people’s interest. However, the advice tendered by
the Supreme Court is not binding on the President. As per article 88, the president can ask the
attorney general to attend the parliamentary proceedings and report to him any unlawful
functioning if any. He has the power to appoint the judges of High Courts also.

2.2 Appointment Powers

Under the constitution of India, President has the authority to appoints a lot of ministers and
officers into various offices. Appointments done by president are:2

• Prime Minister of India is appointed by the president. The appointed by him is most
likely to command the support of the majority of the Lok Sabha. Usually, prime
minister is the leader of the majority party or coalition but he is appointed on the name
of president.
• After prime Minister, Council of Ministers is appointed by him and different portfolios
are also allotted to the ministers by him on the advice of prime minister. And these
Council of ministers remain in power till the pleasure of the president.
• Under article 80(1) and article 80(3), the president shall appoint 12 members to the
Rajya Sabha who have the special knowledge or practical experience in respect of such
matters as literature, science, art and social service. Under article 331, he can nominate
two members to the Lok Sabha from the Anglo-Indian Community.

2
Jain, M P. Indian Constitutional Law. Gurgaon, LexisNexis. (2014, 7th edition).

5
 • Under article 155, Governors of the state are also appointed by the president and they
remain in the office until the pleasure of the president. He also has the authority to
dismiss a governor if he violates the constitution of India through his/her acts.
• Chief Justice of India and judges of Supreme Court and High Court are appointed by
him with the advice of chief justice.
• He appoints the Chief Minister of National Capital Territory of Delhi under article 239
AA5 of the constitution.
• Under article 148(1), Comptroller and Auditor General of India is appointed by the
president.
• Article 324 of the Indian Constitution provides the right to the president to appoint the
Election Commissioner of India and other election commissioners also.
• Chairman and other members of Union Public Service Commission are also appointed
by the president.
• Under article 76(1), about the appointment of the Attorney General of India it is
mentioned that “The President shall appoint a person who is qualified to be appointed
a Judge of the Supreme Court to be Attorney General for India”.
• Ambassadors and High Commissioners to the other countries are appointed by the
president on the advice of the Prime Minister and list given by him.
• Other than these appointment of All India Services like IAS, IPS, IFOS and other
Central Civil Services are done by the president.

2.3 Financial Powers

The financial powers and functions of the President are:

• Money bills in the Parliament can be introduced only with the President’s prior
recommendation. Money Bill refers to a bill or draft law introduced in the Lower
Chamber of Indian Parliament, commonly known as Lok Sabha which generally covers
the issue of receipt and spending of money, such as tax laws, laws governing borrowing
and expenditure of the Government, prevention of black money etc.
• Union Budget or the Annual Financial Statement of India lays before Parliament by the
President.
• Under article 267(1) president can withdraw money from the Contingency Fund of
India to meet the unforeseen expenses. The Contingency Fund of India established

6
 under Article 267 (1) of the Constitution is in the nature of an imprest that is the money
maintained for a specific purpose.
• To recommend the distribution of taxes between the Centre and the State, president has
the power to constitute the Finance Commission in every next five years under article
280.
• No demand for a grant can be made except on his recommendation.

2.4 Diplomatic Powers

The international treaties and agreements on behalf of the President are signed and concluded.
Such negotiations are usually carried out by the prime minister along with his Cabinet
(especially the Foreign Minister). These are, however, subject to Parliament's approval. In
international forums and relations, he represents India and sends and receives diplomats i.e.,
officer from Indian Foreign Service such as ambassadors, high commissioners, etc. he is the
first citizen of India

2.5 Military Powers

The president is the Indian Armed Forces’ Supreme Commander. On the advice of the Union
Council of Ministers headed by the prime minister, the president may declare war or conclude
peace. All major treaties and contracts are made in the name of the president. In that capacity,
he appoints the chiefs of the Army, the Navy and the Air Force.

2.6 Pardoning Powers

Article 72 of the Constitution empowers the President to grant pardons to persons who have
been tried and convicted of any offence in all cases where the:3

• Punishment or sentence is for an offence against a Union Law

• Punishment or sentence is by a court martial (military court)
• Sentence is a sentence of death.

The president's decisions involving pardon and other rights are free of the views of the prime
minister or the majority of Lok Sabha. Nevertheless, in most situations, on the recommendation
of the prime minister and cabinet, the president exercises his executive powers. The President's
pardoning authority is independent of the judiciary; it is an executive power. Yet, when

3
Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited. (2017, 5 th edition).

7
exercising this power, the president is not sitting as an appeal court. The object of conferring
this power on the President is two-fold:

(a) keep the door open for the correction of any legal mistakes in the execution of the law

(b) provide relief from a sentence that the President finds to be too serious.

The pardoning power of the President includes the following:

1) Pardon: It removes both the sentence and the conviction and completely absolves the
convict from all sentences, punishments and disqualifications.
2) Commutation: It denotes the substitution of one form of punishment for a lighter form.
For example, a death sentence may be commuted to rigorous imprisonment, which in turn
may be commuted to a simple imprisonment.
3) Remission: It implies reducing the period of sentence without changing its character. For
example, a sentence of rigorous imprisonment for two years may be remitted to rigorous
imprisonment for one year.
4) Respite: It denotes awarding a lesser sentence in place of one originally awarded due to
some special fact, such as the physical disability of a convict or the pregnancy of a woman
offender.
5) Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a
temporary period. Its purpose is to enable the convict to have time to seek pardon or
commutation from the President.

The Supreme Court examined the pardoning power of the President under different cases and
laid down the following principles:

• The petitioner for mercy has no right to an oral hearing by the President.
• The president can once again examine the evidence and take a different view from the
court's opinion.
• The authority shall be exercised on the advice of the union cabinet by the president.
• The President is not bound to give reasons for his order.
• The President can expect relief not only from a sentence that he finds to be excessively
harsh, but also from an obvious error.
• The Supreme Court does not need to set specific rules for the President's exercise of
power.

8
• The President's exercise of power is not subject to judicial review unless the
presidential decision is discriminatory, unreasonable, irrational, mala fideor.
• Where the President has denied the earlier demand for mercy, stay cannot be obtained
by filing another request.

9
 CHAPTER- III
ROLE OF PRESIDENT IN INDIAN PARLIAMENT

President plays an important role in the Indian Parliament. He has various powers like veto
power, legislative power, executive power, etc. These powers are as follows:

3.1 Legislative Powers

The President is an integral part of the Parliament of India, and enjoys the following legislative
powers:4

• He can summon the Parliament or prorogue it and dissolve the Lok Sabha. He can also call
a joint session of both Parliament Houses, chaired by the Lok Sabha Speaker.
• Messages are sends to the parliament by him, whether with respect to a bill pending in the
Parliament or otherwise.
• The president inaugurates parliament by addressing it after the general elections and also
at the beginning of the first session every year per Article 87(1). The presidential address
on these occasions is generally meant to outline the new policies of government.
• Any member of the Lok Sabha can be appointed by him to preside over its proceedings
when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, any
member of the Rajya Sabha can be appointed to preside over its proceedings when the
offices of both the Chairman and the Deputy Chairman fall vacant.
• In consultation with the Election Commission, he decides on questions as to
disqualifications of members of the Parliament.
• Prior recommendation or permission of President is required to introduce certain types of
bills in the Parliament. For example, a bill involving expenditure from the Consolidated
Fund of India, or a bill for the alteration of boundaries of states or creation of a new state.
• He can make regulations for the Andaman and Nicobar Islands, Lakshadweep, Dadra and
Nagar Haveli and Daman and Diu's peace, progress and good governance. The president
can also legislate in the case of Puducherry by making laws, but only if the assembly is
suspended or dissolved.

4
Jain, M P. Indian Constitutional Law. Gurgaon, LexisNexis. (2014, 7th edition).

10
• Reports of the Comptroller and Auditor General, Union Public Service Commission,
Finance Commission, and others are lay before the Parliament by the President also.
• While Parliament is not in session, he may pass ordinances. The Parliament must approve
these ordinances within six weeks of its reassembly. At any moment, he may also remove
an ordinance.
• He has the Veto power over the bills or acts of Parliament.

Veto Power: A bill passed by the both Houses of Parliament can become act only if after
acquiring the assent of the President. Under article 111, President has three options when a bill
is presented to him. He can give his assent to the bills; withhold the assent and he can return
the bill if the bill is not a money bill. The object of conferring this power on the President is
two-fold—(a) to prevent hasty and ill-considered legislation by the Parliament; and (b) to
prevent a legislation which may be unconstitutional. The veto power enjoyed by the executive
in India can be classified into three types.5 These are:

1) Absolute Veto: The power of the President in which he withholds his assent to a bill passed
by the Parliament. The bill then ends and does not become an act. This veto is used in two
types of cases:
i. With respect to private members’ bills. These are the bills which are introduced by
any member of Parliament who is not a minister.
ii. With respect to the government bills when the cabinet resigns (after the passage of
the bills but before the assent by the President) and the new cabinet advises the
President not to give his assent to such bills.

In 1954, President Dr Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill.
Again in 1991, President R Venkataraman withheld his assent to the Salary, Allowances and
Pension of Members of Parliament (Amendment) Bill.

2) Suspensive Veto: The President uses this veto when he returns a bill for Parliament's
reconsideration. Nevertheless, if the bill is passed by Parliament with or without
modifications and presented to the President again, the President is obliged to give his
assent to the bill. This ensures that a re-passage of the bill by the same ordinary majority
overrides the presidential veto. As mentioned earlier, in the case of money bills, the
President does not have this veto. The President may either give his consent to a money bill

5
Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited. (2017, 5 th edition).

11
 or withhold his consent to a money bill, but he cannot return it for Parliament's
reconsideration. Usually, with his prior permission, the President gives his consent to the
money bill as it is presented in Parliament.
3) Pocket Veto: In the case of Pocket Veto, the President neither ratifies nor rejects nor returns
the bill, but simply keeps the bill pending for an indefinite period. This power of the
President not to take any action (either positive or negative) on the bill is known as the
pocket veto. As the Constitution does not prescribe any time-limit within which the
President has to take the decision with respect to a bill presented to him for his assent so he
can exercise this veto power as long as he wishes. In USA, on the other hand, the President
has to return the bill for reconsideration within 10 days. Hence, it is remarked that the
pocket of the Indian President is bigger than that of the American President. In 1986,
President Zail Singh exercised the pocket veto with respect to the Indian Post Office
(Amendment) Bill. It should be noted here that in terms of a constitutional amendment bill,
the President has no veto power. The 24th Constitutional Amendment Act, 1971 made it
mandatory for the President to approve a constitutional amendment bill.

There is one another veto known as Qualified veto but this veto is not present in the case of
India. This veto is provided to the American President.

• When a bill passed by a state legislature is reserved by the governor for consideration of
the President, the President has the power to
1) give his assent to the bill,
2) withhold his assent to the bill,
3) direct the governor to return the bill (if it is not a money bill) for reconsideration
of the state legislature. It should be noted here that it is not obligatory for the
President to give his assent even if the bill is again passed by the state legislature
and sent again to him for his consideration.

3.2 Executive Power

Per Article 53, the executive power of the country is vested in the president and is exercised by
president either directly or through officers subordinate to him in accordance with the
constitution. When parliament thinks fit it may accord additional executive powers to the

12
president per Article 70 which may be further delegated by the president to the governors of
states per Article 160. The executive powers and functions of the President are:6

• All executive actions of the Government of India are formally taken in his name.
• He can make rules specifying the manner in which the orders and other instruments made
and executed in his name shall be authenticated.
• The President can make rules for more convenient Union government business transactions
and the allocation between ministers of the said business.
• He can seek any information relating to the administration of affairs of the Union, and
proposals for legislation from the prime minister.
• He may require the Prime Minister to refer for consideration by the Council of Ministers
any matter on which a minister has made a decision but which the council has not
considered.
• Commissions can be appointed by him to investigate into the conditions of SCs, STs and
other backward classes.
• An inter-state council can also be appointed by the president to promote Centre–State and
interstate cooperation.
• Any area can be declared as the scheduled area by the president and he has powers with
respect to the administration of scheduled areas and tribal areas.
• Union territories are directly administered by him through the administrators appointed by
him.
• Appointment of Prime Minister, ministers, chief election commissioner, attorney general,
etc are also done by the president.
• Per Article 74(2), the council of ministers or prime minister are not accountable legally to
the advice tendered to the president but it is the sole responsibility of the president to ensure
compliance with the constitution in performing his duties.
• Per Article 142, it is the duty of the president to enforce the decrees of the supreme court.

Bhimrao Ambedkar, chairperson of the drafting committee of the Constituent Assembly of

India stated that-

“The President of the Indian Union will be generally bound by the advice of his Ministers. He
can do nothing contrary to their advice nor can do anything without their advice. The President

6
Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited. (2017, 5 th edition).

13
of the United States can dismiss any Secretary at any time. The President of the Indian Union
has no power to do so long as his Ministers command a majority in Parliament.”7

3.3 Ordinance Making Power

Article 123 of the Constitution authorizes the President to issue orders during the legislative
recess. Such ordinances have the same power and effect as Parliament's statute, but they are
defined by temporary rules. The ordinance-making power is the most important legislative
power of the President. It has been vested in him to deal with unforeseen or urgent matters.
But, the exercises of this power are subject to the following four limitations:

1) He can only pass an ordinance if both Parliament Houses are not in session or if either of
Parliament's two Houses is not in session. Also, when only one House is in session, an order
can be issued because a bill can be passed by both houses and not just one House. If both
houses are in session, an ordinance is invalid. Thus, the power of the President to legislate
by ordinance is not a parallel power of legislation.
2) He can make an ordinance only when he is satisfied that the circumstances exist that render
it necessary for him to take immediate action.
3) His ordinance-making power is coincident as regards all matters except duration, with the
law-making powers of the Parliament. This has two implications:
(a) An ordinance can be issued only on those subjects on which the Parliament can make
laws. (b) An ordinance is subject to the same constitutional limitation as an act of
Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
4) Each ordinance issued by the President during the legislative recess must be put before both
Parliament Houses when it is reassembled. If both houses approve the bill, it will become
an act. When Parliament does not take any action at all, the order ceases to function at the
expiry of six weeks from Parliament's re-assembly. The ordinance may also cease to operate
even earlier than the prescribed six weeks, if both the Houses of Parliament pass resolutions
disapproving it.8

The ordinance may also be withdrawn at any time by the President. Nevertheless, his power to
make ordinances is not a discretionary power, and only on the advice of the council of ministers
headed by the prime minister can he promulgate or revoke the ordinance.

7
Mahendra prasad Ambedkar constitution Wikipedia.
8
Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited. (2017, 5 th edition).

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 CHAPTER- IV
EMERGENCY POWERS OF PRESIDENT

Under constitution of India various powers are provided to President to handle the situation of
emergency. These Emergency provisions are given in part XVIII of constitution from article
352 to 360. These provisions enable the Central government to meet any abnormal situation
effectively. The main objective of these provision is to protect the sovereignty, unity, peace,
security and integrity of India. During Emergency democratic or federal form of government
of India transfer into the unitary form of government. This means that during emergency Centre
has all power in his hand and States go into the total control of Centre. In the context of
emergency, Dr Bhimrao Ambedkar in the constituent assembly stated that:

‘All federal systems including American are placed in a tight mould of federalism. No matter
what the circumstances, it cannot change its form and shape. It can never be unitary. On the
other hand, the Constitution of India can be both unitary as well as federal according to the
requirements of time and circumstances. In normal times, it is framed to work as a federal
system. But in times of Emergency, it is so designed as to make it work as though it was a
unitary system.’9

In India there are three types of Emergency:

(i) National Emergency (Article 352)

(ii) President’s Rule (Article 356)
(iii)Financial Emergency (Article 360)

4.1 National Emergency

Under Article 352, if India's security or part of it is threatened by war or external invasion or
armed rebellion, the President may declare a national emergency. It can be remembered that if
the president is convinced that there is an imminent danger, he can declare a national
emergency even before the actual occurrence of war or international invasion or armed
rebellion.

9
Constituent Assembly Debates, Volume VII, p. 34.

15
The President may also issue various proclamations on the grounds of invasion, internal
aggression, armed rebellion, or imminent danger of war, whether or not he has already issued
a proclamation and such proclamation is in effect. The 38th Amendment Act, 1975 introduced
this rule. National emergency order may be applicable to the country as a whole or even part
of it. The 42nd Amendment Act, 1976 allowed the president to limit a National Emergency
operation to a particular part of India.10

National Emergency is of two types on the basis of the ground on which it has been imposed:

a) External Emergency: When National Emergency is imposed on the grounds of war or

external aggression then it is known as External Emergency.
b) Internal Emergency: If President imposes National Emergency on the grounds of armed
rebellion then it is considered as Internal Emergency.

Original constitution of India considered ‘internal disturbance’ as the third ground for National
Emergency but through 44th Amendment Act, 1978-armed rebellion substitutes internal
disturbance as the third ground for national emergency. This was done because internal
disturbance expression was wider in connotation and was very vague. Now, national
emergency cannot be imposed on the basis of internal disturbance as imposed in 1975 by
Congress government headed by Indira Gandhi.

Furthermore, only after receiving a written opinion from the cabinet can the President declare
a national emergency. It means the emergency can only be declared on the cabinet’s
competition and not simply on the prime minister’s advice. In 1975, Indira Gandhi, the then
Prime Minister, urged the president to declare an emergency without consulting her cabinet.
After the announcement was made, the cabinet was told as a fait accompli. The 1978 44th
Amendment Act implemented this protection to remove the risk of a decision being made by
the prime minister alone in this respect.

The proclamation of Emergency must be approved by both the Houses of Parliament within
one month from the date of its issue. Originally, the period allowed for approval by the
Parliament was two months, but was reduced by the 44th Amendment Act of 1978. A
proclamation of emergency may be revoked by the President at any time by a subsequent
proclamation. Such a proclamation does not require the parliamentary approval. the President
must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation.

10
Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited. (2017, 5 th edition).

16
Three times so far this form of emergency has been proclaimed— in 1962, 1971 and 1975.
National Emergency First Proclamation was issued in October 1962 due to Chinese
interference in the NEFA (North-East Frontier Agency— now Arunachal Pradesh) and was in
effect until January 1968. Therefore, at the time of the 1965 war against Pakistan, a fresh
declaration was not necessary. The second national emergency announcement was made in the
aftermath of Pakistan's attack in December 1971. Even when this emergency was in force, in
June 1975, a second National Emergency declaration was made. In March 1977, both the
second and third proclamations had been revoked. First two emergencies were imposed on the
grounds of external aggression and war. And the third one was on the grounds of internal
disturbance.11

4.2 President’s Rule

Article 355 imposes a responsibility on the Centre to ensure that each State's governance is
carried out in compliance with the constitutional provisions. It is this responsibility in the
fulfilment of which, in the event of a failure of constitutional machinery in state, the Centre
takes over the government of a country under Article 356. This is commonly referred to as
‘President's Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.12 The
President’s Rule can be proclaimed under Article 356 on two grounds —one mentioned in
Article 356 itself and another in Article 365:

a) Article 356 authorizes the President to issue a decree if he is convinced that a condition has
arisen in which the administration of a State cannot be carried out in compliance with the
constitutional provisions. In general, the president may act either on a state governor's
report or otherwise (i.e., even without a statement from the governor).
b) Article 365 states that whenever a State fails to comply with or give effect to any order
from the Centre, the President shall be entitled to argue that a condition has arisen in which
the administration of the State cannot be carried on in compliance with the constitutional
provisions.

A decree authorizing the rule of the President must be accepted by both Parliament Houses
within two months of the date of issue. Nevertheless, if the declaration of the President's Rule
is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha

11
Datar, Arvind P. Commentary on the Constitution of India. Nagpur, Wadhwa and Company Nagpur. Vol. 2
(2007, 2nd edition).
12
Koticha, Kishore K. Presidential intervention under article 356 of the constitution of India. Indian Law Institute.
Journal of the Indian Law Institute, Vol. 2, No. 1 (1959), pp. 125-133.

17
takes place within two months without the proclamation being accepted, then the proclamation
survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided
the Rajya Sabha approves it in the meantime.

The President acquires the following extraordinary powers when the President’s Rule is
imposed in a state:

• He can take up the functions of the state government and powers vested in the governor
or any other executive authority in the state.
• He can declare that the powers of the state legislature are to be exercised by the
Parliament.
• He can take all other necessary steps including the suspension of the constitutional
provisions relating to anybody or authority in the state.

The rule of the President has been enforced on more than 100 occasions since 1950, that is,
twice a year on average. In fact, the President's Policy has been unilaterally enforced on a
number of occasions for political or personal purposes. Article 356 has therefore become one
of the Constitution's most divisive and criticized laws. For the first time, the President’s Rule
was imposed in Punjab in 1951. By now, all most all the states have been brought under the
President’s Rule, once or twice or more.13

4.3 Financial Emergency

Article 360 authorizes the President to declare a financial emergency if he is convinced that a
condition has arisen as a result of which India or any part of its territory is threatened with
financial stability or credit. The 38th Amendment Act, 1975 made the president's satisfaction
in declaring a final and absolute Financial Emergency and not controversial on any floor in any
case. Nevertheless, this clause was subsequently removed by the 44th Amendment Act,1978
which means that the president's satisfaction is not beyond judicial review.14

All Houses of Parliament must approve a proclamation declaring a financial emergency within
two months from the date of issue. Nevertheless, if the Financial Emergency proclamation is
released at a time when the Lok Sabha has been dissolved or the Lok Sabha is dissolved within
two months without the proclamation being accepted, then the proclamation survives until 30

13
Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited. (2017, 5 th edition).
14
Basu, Dr Durga Das. Commentary on the Constitution of India. New Delhi, LexisNexis Butterwords Wadhwa
Nagpur. Vol. 4 (2008, 8th edition).

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days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha
has in the meantime approved it.

Once approved by both the Houses of Parliament, the Financial Emergency continues
indefinitely till it is revoked. This implies two things: continues indefinitely till it is revoked.
This implies two things:

a) there is no maximum period prescribed for its operation

b) repeated parliamentary approval is not required for its continuation.

Any House of Parliament may pass a resolution supporting the declaration of a financial
emergency only by a simple majority, that is, a majority of the house members present and
voting. A Financial Emergency proclamation may be revoked by a subsequent proclamation at
any time by the president. Such a proclamation does not require the approval of the parliament.

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 CHAPTER- V
CONCLUSION
President has a very crucial role in India. President’s office is vital to maintaining the nation’s
political unity and guaranteeing the constitutional powers. But the significance of the President
is far greater than that and can in no way be combined with the responsibilities of any other
high office or function. One of the paramount functions of the President is to influence political
thought and institutional direction in the national interest. Even the President in India is mainly
the nominal head but he has some powers which made his office necessary.
As stated by Dr Bhimrao Ambedkar, “President occupies the position as King in the English
Constitution”. He is the head of the state but not of the executive. He represents the nation but
does not rule the nation. President is considered as the symbol of the nation. At some places,
President is only a person to sign the orders. This is because as he is bound by the advice of
the ministers. He cannot do anything which is contrary to their advice. In appointment of
council of ministers, attorney general and other officers, he has to take the permission of Prime
Minister and cabinet also. In other appointments like chief justice and other judges of Supreme
Court and High Court, he has to take advice of Chief Justice of India.
In Parliament, in giving assent to the bills if once he refuses to give the assent then next time
he has to give assent to the bill. In case of proclaiming emergency he has to take the permission
of Prime minister and cabinet also. He also has to take permission of Lok Sabha and Rajya
Sabha for proclaiming emergency within one month. It can be said that he has no power to take
any decision solely on his own discretion.
Though the President has no constitutional discretion, he has some situational discretion. In
other words, the President can act on his discretion that is, without the advice of the ministers
under the following situations:
• Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or
when the Prime Minister in office dies suddenly and there is no obvious successor.
• Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
• Dissolution of the Lok Sabha if the council of ministers has lost its majority.
By studying President’s power and other legislative and executive functions in the Indian
Constitution, it can be inferenced that President has very minimal power on which he can use
his discretion. Still he has a respected and important position in Indian Constitution.

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 BIBLIOGRAPHY

Books:
1. Jain, M P. Indian Constitutional Law. Gurgaon, LexisNexis. (2014, 7th edition).
2. Datar, Arvind P. Commentary on the Constitution of India. Nagpur, Wadhwa and Company
Nagpur. Vol. 2 (2007, 2nd edition).
3. Basu, Dr Durga Das. Commentary on the Constitution of India. New Delhi, LexisNexis
Butterwords Wadhwa Nagpur. Vol. 4 (2008, 8th edition).
4. Laxmikanth, M. Indian Polity. Chennai, McGraw Hill Education (India) Private Limited.
(2017, 5th edition).

Articles:
1. Koticha, Kishore K. Presidential intervention under article 356 of the constitution of India.
Indian Law Institute. Journal of the Indian Law Institute, Vol. 2, No. 1 (1959), pp. 125-133.

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