What are powers and functions of the President of India ?

The President is the head of Indian State.  Execute powers of the State vests in the President. President makes all the appointments under Indian Polity. All the bills passed by the Parliament have to be presented before the President for his assent.  The President makes law in form of ordinances when Parliament is not in session. The President is also the supreme commander of defense forces. Thus, all the important roads under the Indian Polity ends at the office of the President.

Article 52 provides that there shall be a president of India. Article 53 deals with executive power of the Union.

As per Article 53, all the executive powers of the Union are vested in the President. President can discharge those executive functions either directly or through officers subordinate to them. These powers have to excercised in accordance with this constitution.

Supreme Command of defense forces is vested in the President. This power of the president has to be regulated by law made by Parliament.

Parliament by making law can confer functions on other authorities than the President.

Article 53 deals with only executive powers. Besides this the President has many other powers.  

The President makes all the important appointments including that of Prime Minister, Judges of the Supreme Court and High Courts, Chief Election Commissioner, Comptroller and Auditor General of India etc.

The Presidents makes proclamation of emergency  under Article 352, proclamation of President’s Rule  under Article 356 and proclamation of financial emergency under Article 360.

President is also various legislative powers. All bills have to presented before him for his assent under Article 111.  Under Article 123, the President can issue ordinances when Parliament is not in session. Under Article 86, the President has right to address each house of Parliament or both houses assembled together and for that purpose require attendance of the members. Under Article 87, the President addresses the both houses of parliament at first session after general election and the first session of each year.

Under Article 72, the President has power to grant pardons, reprieves or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of certain offences.

Whether President is a real executive or nominal executive ?

India has adopted parliamentary form of Government. President is the nominal and constitutional head of the Government. The real executive powers lie with Council of Ministers headed by the Prime Minister. To comprehend the position of the President, Article 53 has to be read with Article 74 and 75 (3).  Article 53 provides that President has to discharge his executive functions according to the Constitution. Article 74 provides that President has to act on the aid and advice of the council of ministers. Article 75 (3) provides that Council of Ministers will be collectively responsible to the Parliament.

In Ram Jawaya Kapur Vs. State of Punjab (AIR 1955 SC 549), the Supreme Court has observed that president has been made a formal or constitutional head of the executive and the real executive powers are vested in the ministers or the cabinet.  The relevant para is as under:

The Supreme Court in Shamsher Singh Vs. State of Punjab ( 1974 ) 2 SCC 831 has declared the President and Governor shall exercise formal constitutional powers only save in a few well known exceptional situations.

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