President of India: Legislative, Ordinance and Judicial Powers Explained

This section explains the legislative, ordinance, and judicial powers of the President of India including the process of summoning Parliament, promulgating ordinances, appointing judges, and granting pardons.

Legislative Powers

The President is an integral part of Parliament (Article 79). Hence he exercises many types of legislative functions.

For eg: The President summons and prorogues the sessions of Parliament. No bill becomes an Act without the President’s assent.

A Money Bill and a State Reorganisation Bill can be introduced in Parliament only with the prior recommendation of the President.

After Lok Sabha election whenever the first meeting of Parliament take place and whenever 1st session of Parliament began every year the President addresses the joint sitting of both Houses.

After the Lok Sabha election President appoint Protem Speaker and conduct oath of office to him & after that Protem Speaker can conduct oath of office other members.

If the president feels it necessary then he may give his message to the parliament and may uprised of the parliament of his feeling.

Ordinance Powers

Under Article-123, President has the right to promulgate the ordinance. Ordinance is the law which is enforced by the President on the advice of Prime Minister when the parliament is not in the sessions & there is need of law on any subject & any provision.

The effect & significant of an ordinance is equivalent to an act and it remain effective for upto 6 weeks after commencement of the session of the parliament even within 6 week government may presented it as bill and get it passed from the parliament as an act or may it take back. otherwise with end of 6 week ordinance shall automatically will lapsed (end).

Hence, maximum period of any ordinance can be only be 6 Month + 6 weeks.

Notes:

Bihar is known as ordin or state of Ordinance.

Judicial Powers

Under this the President appoints to the judges to the Supreme Court and High Court and constitute the law commission of India. And along with the under Article-72 he has right to grant pardon. He may pardon death sentences, military punishment, any other punishment related to Union list.

Types of Pardon (4 Types)

1. Reprieve: To adjourn/postponed death sentence for some time (specific time).
2. Respite: To change the nature of sentences & reducing it,
3. Remission: To reduce the sentence without any changing.
4. Commute: To change death sentence into life time imprisonment.

After the grant of pardon that person considered as innocent as if he had not committed any crime.

Process of Pardon

In Maru Ram Vs Union of India judiciary may get clear that Pardon is not the discretionary power of the president and it can be exercised only with the advice of the cabinet. It is also important that the pardon is not the right of the petitioner rather it is compassion & mercy of the president.

Further in Sher Sing Vs state of Punjab the court said that the pardon petition should be disposed of by the president with in 3 Months otherwise the purpose of pardon is defeated.

The Process to Grant Pardon is as Follows:

1. If the Supreme Court also up held the punishment then this petition is filed in the office of president
2. President forwarded it to Home ministry.
3. Home Ministry sent this petition to ministry of law & justice to concern state government so that view of both can obtained.
4. After getting view from these both places Home Ministry takes its own decision.
5. It is then present before Prime Minister and his cabinet. And after taking final decision the petition sent back to office of the President.
6. After signing & giving approval to this decision, President sent this petition to Home Ministry for implementation

In general judiciary does not intervene (हस्तक्षेप) in matter related to pardon but prima-facie it is appears that Pardon is granted on political, communal, religious or in any other inappropriate ground then the judiciary may terminate pardon as well.