DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,

VISAKHAPATNAM
SYNOPSIS: Constitutional law- II

Name: Bhavana Peela

Submitted to: Mr. Bharat Kumar

Semester: 4th semester

Roll no. : 2014077

TOPIC: POWERS AND POSITION OF PRESIDENT

Powers and Position of President of India

In Indian Parliamentary practice, the President is the nominal executive or a
Constitutional ruler. He is the head of the nation, but does not govern the nation.
Our Union Council of Ministers headed by the Prime Minister is the real
executive. And the President rules the country on the advice of the Prime
Minister and his colleagues.
Powers: The powers and the functions of the President of India may be
classified under five heads, viz., and

EXECUTIVE
LEGISLATIVE
FINANCIAL
JUDICIAL
EMERGENCY

The President exercises the powers conferred on him by the Constitution

subject to the following limitations:

(i) Ministers other than the Prime Minister are to be appointed only on the
advice of the Prime minister.
(ii) The executive power shall be exercised by the President in accordance with
the advice of the Council of Ministers. The saving grace is that the President
may require the Council of Ministers to reconsider the advice tendered to him.
In one case, a recommendation was made to the President by the Prime Minister
that a certain State government should be dismissed under the powers of the
President.
The matter was referred back to the Prime Minister for reconsideration. The
government decided to withdraw the decision in deference to the advice of the
President. In case the Prime minister had considered the Presidential advice but
decided to stick to the former decision, the President would have had no choice
but to agree. The President is bound to act in accordance with the advice
tendered after reconsideration. It is obligatory for the President to act in
accordance with ministerial advice once it has been reconsidered.