Even the fundamental rights can be suspended selectively or m the entire country. President is also bestowed with the power of receiving the credentials of the various High commissioners and the Ambassadors of the foreign countries. The President is the whole and sole representative of the country on international forums and can receiver foreign dignitaries also. . Such a proclamation, known as National emergency, is issued on the recommendation of the cabinet headed by Prime Minister, in writing to the President.
The Prime minister is the real head of the Government. He may keep a Bill of the state legislature pending for an indefinite period of time, without expressing his mind. Financial Emergency If the President of India feels satisfied that the financial stability of India or any of its part is seriously affected he may proclaim financial emergency under Art 360. Reservation of a State Bill for the assent of the President is a discretionary power15 of the Governor of a State. In fact the Presidency will never become what the President chooses to make it. In fact, it is a hangover from the Government of India Act 1935 under which the Governors and Governor-Generals used to take care of the political situation in imperial interest. Like the English Crown, our President has the power to summon or prorogue the houses of Parliament and to dissolve the lower house.
The Constitution requires the previous sanction of the President for introducing legislation on certain matters. But here too, as in all other appointments, the President can seldom use his discretion. The President may ask for information regarding administration. It may be remarked that though the President acts on the advice of the Prime Minister in regard to the exercise of executive powers yet he can exercise a great influence over the Union administrations. This means that the legis¬lative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate. He has the power to be kept informed of all the officers of the Union. The President of India can grant pardons, reprieves or respites or remission of punishment.
He exercises his power with the aid and advice of the council of ministers. If the president considers a question of law or a matter of public importance has arisen, he can also ask for the of the per. The immediate effect of such declaration is that the federal structure of the country is folded to a unitary one for purposes of uniformity of administration. The president is by an comprising the both houses and the of each of , who themselves are all. Its effect is that the Centre gets con¬current powers of administration and legislation in the state During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The President receives a salary of Rs. In this regard the 42nd Amendment is a mile-stone.
It has never been declared. Consequently, all executive powers are exercised in his name. As clarified by the supreme court, the object of Article 74 2 is only to make the question whether the president had followed the advice of the union cabinet or acted contrary thereto, non-justiciable. Under the Constitution, the President shall have the power to appoint— i The Prime Minister of India, ii Other Ministers of the Union, iii The Attorney-General for India, iv The Comptroller and Auditor-General of India, v The Judges of the Supreme Court, vi The Judges of the High Courts of the-States, vii The Governor of a State, viii A Commission to investigate interference with water supplies, ix The Finance Commission, x The Union Public Service Commission and Joint Commissions for a group of States, xi The Chief Election Commissioner and other members of the Election Commission, xii A Special Officer for the Scheduled Castes and Tribes, xiii A Commission to report on the administration of Scheduled Areas, xiv A Commission to investigate into the condition of backward classes, xv A Commission on Official Language, xvi Special Officer for linguistic minorities. Important presidential interventions in the past The President's role as defender of the constitution and the powers as Head of State, especially in relation to those exercised by the prime minister as leader of the government, have changed over time.
The President can prorogue the Houses or either House of Parliament and, if necessary, can dissolve the lower Chamber of Parliament, the Lok Sabha. Since the head of the Indian Executive is represented in Parliament by his Ministers, the power given to the President to send message regarding legislation may appear to be superfluous, unless the President has the freedom to send message differing from the Ministerial policy, in which case again it will open a door for friction between the President and the Cabinet. The proclamation, in the first instance, is applicable for two months and, after ratification by the Parliament for a period for six months, unless revoked earlier. The president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister. In the elections held to the Lok Sabha in 1977 after the Emergency, the Congress Party led by Indira Gandhi lost and the Janta Party came to power.
This gov¬ernment appointed the Shah Commission to investigate the circumstances that warranted the declaration of an Emergency in 1975. Formation of new states or the alteration of boundaries of existing states Article 3. He is also authorized to declare war or conclude peace with the approval of the Parliament. However every six months the proclamation should be renewed by the Parliament. The founding fathers were apprehensive and Mr Kamath staged a symbolic walkout calling the day of enactment as a day of shame and sorrow.
The exercise of his military powers, however, is regulated by laws made by Parliament. The power to return for reconsideration can be exercised only once, on the same matter. Over and above the President of India has the powers to constitute the Parliament partially by virtue of his powers to nominate members to both the Houses of the Parliament. Our constitution is a harmonious blend of the political system of the U. There is no special process for the election of the Prime Minister in the Constitution of India. The separating line of executive and legislation is not as strong as in case of the U.
The president appoints 12 members of the from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. But here too, as in all other appointments, the President can seldom use his discretion. In 1986, the Congress Government under Rajiv Gandhi promulgated the Inquiry Commissions Amendment Ordinance to avoid tabling the Thakkar Commission Report before the Parliament. He is the one who can reduce the punishment of death sentence. Vacancy in the office of the President A vacancy in the office of the President may be caused in way of the following ways i on the expiry of his term of five years, ii by his death.
The President merely represents the nation he does not rule. The Ministers can remain on his post till the pleasure of the President. Archived from on 30 August 2016. Both provide immunity from challenge to only those laws which are related with the Emergency and not other laws. The power to return for reconsideration can be exercised only once, on the same matter. Emoluments and Allowances The President shall be entitled without payment of rent to the use of his official residence and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule of the constitution. These conditions will be referred to in the proper places, in connection with the different offices.