Discretionary Powers of the President of India

The President of India, unlike in many other countries, holds significant powers beyond a ceremonial role. While most decisions are made on the binding advice of the Council of Ministers (CoM) as per Article 74 of the Indian Constitution, there are instances where the President can exercise discretionary powers. These discretionary powers are not explicitly outlined in the constitution but can be inferred from its provisions.

1. Suspensive Veto: The President has discretionary power when using suspensive veto, returning a non-money bill for reconsideration by the Parliament. If the bill is passed again, with or without amendments, the President must give assent.
2. Pocket Veto: Although not constitutionally defined, the President can exercise a pocket veto by neither approving nor rejecting a bill, effectively keeping it pending indefinitely.
3. President Seeking Information from Prime Minister: Under Article 78, the President can seek information from the Prime Minister regarding the administration of the union, providing a mechanism for the President to influence or advise the Council of Ministers.
4. No Sitting of Both Houses: Article 85 empowers the President to summon each House of Parliament to meet at the President's discretion, preventing a gap of more than six months between sessions.
5. No Majority: When no party or coalition has a majority in the Lok Sabha, the President has discretion in inviting the leader deemed capable of forming a stable government.
6. No-Confidence with CoM - Dissolving Lok Sabha: The President decides whether to dissolve the Lok Sabha when the Council of Ministers loses the majority. However, dissolution can only occur on the advice of the Council of Ministers in a majority government.
7. No-Confidence with CoM - Dissolving CoM: Similarly, the President determines whether to dissolve the Council of Ministers when they lose the majority in the Lok Sabha.
8. Caretaker Government: In the case of a caretaker government without the confidence of the Lok Sabha, the President decides on day-to-day administrative decisions.

Powers Exercised on the Advice of CoM (Non-Discretionary Powers)

While the President is vested with legislative, executive, and judicial powers, most decisions rest with the Council of Ministers due to the binding nature of their advice. Examples include:

• President’s Rule: The President can rule the nation or individual states during emergencies.
• Commander-in-Chief: The President serves as the Commander-in-Chief of the Indian Armed Forces.
• Appointment Authority: The President appoints governors, judges, and the Chief Justice, as well as ambassadors and high commissioners.
• Summoning and Dissolving Parliament: The President can summon and dissolve parliamentary sessions.
• Approval of Bills: A bill becomes an act only after the President’s approval.
• Pardon Powers: The President can reduce punishments or pardon criminals.
• Head of State: The President is the head of the Indian State, while the Prime Minister is the head of the Indian Government.
• Appointment of Officials: Ambassadors, High Commissioners, and key officials are appointed by the President.
• Opening Addresses: The President delivers opening addresses for parliamentary and government sessions, outlining policies.
• IAS/IPS Appointments: The President appoints All India Services officers based on UPSC advice.