Editing President of India (section)

== Powers and duties ==
{{Blockquote|Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known.|[[Bhimrao Ambedkar]],{{small| as chairman of the drafting committee of the [[Constituent Assembly of India]] during various debates about the president being constitutional head of the state.}}<ref name=":Indian Political Thought">{{Cite book|title=Indian Political Thought: Themes and Thinkers|last=Singh|first=Mahendra Prasad|publisher=[[Pearson plc|Pearson India Education Services]]|year=2019|isbn=978-93-325-8733-5|editor-last=Roy|editor-first=Himanshu|location=[[Noida]]|pages=354|chapter=Ambedkar: Constitutionalism and State Structure|editor-last2=Singh|editor-first2=Mahendra Prasad}}</ref><ref>[https://books.google.co.uk/books?id=veDUJCjr5U4C&lpg=PA236&ots=EGZT2Cyg38&dq=Under%20the%20draft%20constitution%20the%20President%20occupies%20the%20same%20position%20as%20the%20King%20under%20the%20English%20Constitution.%20He%20is%20the%20head%20of%20the%20state%20but%20not%20of%20the%20Executive.%20He%20represents%20the%20Nation%20but%20does%20not%20rule%20the%20Nation.%20He%20is%20the%20symbol%20of%20the%20Nation.%20His%20place%20in%20the%20administration%20is%20that%20of%20a%20ceremonial%20device%20on%20a%20seal%20by%20which%20the%20nation's%20decisions%20are%20made%20known&pg=PA236#v=onepage&q&f=false ''Constitutional Government in India''] {{Webarchive|url=https://web.archive.org/web/20210418104947/https://books.google.co.uk/books?id=veDUJCjr5U4C&lpg=PA236&ots=EGZT2Cyg38&dq=Under%20the%20draft%20constitution%20the%20President%20occupies%20the%20same%20position%20as%20the%20King%20under%20the%20English%20Constitution.%20He%20is%20the%20head%20of%20the%20state%20but%20not%20of%20the%20Executive.%20He%20represents%20the%20Nation%20but%20does%20not%20rule%20the%20Nation.%20He%20is%20the%20symbol%20of%20the%20Nation.%20His%20place%20in%20the%20administration%20is%20that%20of%20a%20ceremonial%20device%20on%20a%20seal%20by%20which%20the%20nation%27s%20decisions%20are%20made%20known&pg=PA236#v=onepage&q&f=false |date=18 April 2021 }}, M.V.Pylee, S. Chand Publishing, 2004, page 236</ref>}}

=== Duty ===
The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of their [[#Oath or affirmation|oath]] (Article 60 of Indian constitution).<ref name="const" /> The president is the common head of all independent constitutional entities. All their actions, [[Three Judges Cases|recommendations]] ([[Part One of the Constitution of India|Article 3]], Article 111, Article 274, etc.) and supervisory powers ([[Article 74 (Constitution of India)|Article 74(2)]], Article 78C, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution.<ref>{{cite news|url=http://www.rediff.com/news/2006/jun/09spec.htm|title=How Kalam asserted presidential power|last=Bhatt|first=Sheela|date=9 June 2006|work=Rediff India|access-date=15 April 2014|archive-url=https://web.archive.org/web/20140416182146/http://www.rediff.com/news/2006/jun/09spec.htm|archive-date=16 April 2014|url-status=live}}</ref> There is no bar on the actions of the president to contest in the court of law.<ref name="india times">{{cite news|url=https://timesofindia.indiatimes.com/home/education/The-Presidents-role/articleshow/20154333.cms|archive-url=https://web.archive.org/web/20120616231317/http://articles.timesofindia.indiatimes.com/2002-08-26/education/27323497_1_powers-impeachment-resolution|url-status=live|archive-date=16 June 2012|title=The President's role|last=Gupta|first=V. P.|date=26 August 2002|newspaper=[[The Times of India]]|access-date=4 January 2012}}</ref>

=== Legislative powers ===
Legislative power is constitutionally vested in the [[Parliament of India]] of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses ([[Lok Sabha]] and [[Rajya Sabha]]) of the [[Parliament of India|parliament]] and prorogues them. They can [[Dissolution of parliament|dissolve the Lok Sabha]].<ref name="SharmaB.k.2007" />{{rp|147}}

The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the [[Government of India|government]].<ref name="Chowdhury">{{Cite web|title=Article 87 – Advocatespedia|url=https://advocatespedia.com/Article_87|access-date=22 November 2020|website=advocatespedia.com|archive-date=18 April 2021|archive-url=https://web.archive.org/web/20210418151453/https://advocatespedia.com/Article_87|url-status=dead}}</ref>{{rp|145}}

All [[Bill (proposed law)|bills]] passed by the parliament can become laws only after receiving the assent of the president per [[s:Constitution of India/Part V|Article 111]]. After a bill is presented to them, the president shall declare either that they assent to the Bill, or that they withhold assent from it.  As a third option, they can return a bill to parliament, if it is not a [[money bill]], for reconsideration. President may be of the view that a particular bill passed under the [[Lawmaking procedure in India|legislative powers]] of parliament is violating the constitution, they can send back the bill with their recommendation to pass the bill under the constituent powers of parliament following the [[s:Constitution of India/Part XX|Article 368]] procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold their assent from it. The president can also withhold their assent to a bill when it is initially presented to them (rather than return it to parliament) thereby exercising a [[pocket veto]] on the advice of the prime minister or council of ministers per [[s:Constitution of India/Part V|Article 74]] if it is inconsistent with the constitution.<ref name="india times" /> Article 143 gives the president the power to consult the [[Supreme Court of India|supreme court]] about the constitutional validity of an issue. The president shall assent to [[Amendment of the Constitution of India|constitutional amendment bills]] without power to withhold the bills per [[s:Constitution of India/Part XX|Article 368 (2)]].

When either of the two Houses of the [[Parliament of India]] is not in session, and if the government feels the need for an immediate procedure, the president can promulgate ordinances that have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the parliament is convened unless approved by it earlier.<ref name="Association1956">{{cite journal|last=Bakshi|first=P.M.|date=June 1956|title=Comparative Law: Separation of Powers in India|url=https://books.google.com/books?id=1mvOn6ZnieIC&pg=PA554|url-status=live|journal=[[ABA Journal]]|publisher=[[American Bar Association]]|volume=42|page=554|issn=0747-0088|archive-url=https://web.archive.org/web/20160517040623/https://books.google.com/books?id=1mvOn6ZnieIC&pg=PA554|archive-date=17 May 2016}}</ref> Under [[s:Constitution of India/Part V|Article 123]], the president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and they are confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on the passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it is the responsibility of the president to withdraw the ordinance as soon as the reasons for the promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of the law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president.<ref>{{cite news|url=http://blogs.timesofindia.indiatimes.com/toi-edit-page/repeated-promulgation-of-ordinances-because-a-bill-is-held-up-in-the-rajya-sabha-is-a-violation-of-constitutional-principles/|title=Repeated promulgation of ordinances because a bill is held up in the Rajya Sabha is a violation of constitutional principles|newspaper=The Times of India |date=27 September 2016|archive-url=https://web.archive.org/web/20160927134804/http://blogs.timesofindia.indiatimes.com/toi-edit-page/repeated-promulgation-of-ordinances-because-a-bill-is-held-up-in-the-rajya-sabha-is-a-violation-of-constitutional-principles/|archive-date=27 September 2016|url-status=live |last1=Kamat |first1=Devadatt }}</ref> The president should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or is not approved by the parliament or violates the constitution.<ref>{{cite web|url=http://indianexpress.com/article/india/re-promulgation-of-ordinances-fraud-on-constitution-sc-4456354/|title=Re-promulgation of ordinances fraud on Constitution: SC|date=3 January 2017|archive-url=https://web.archive.org/web/20170103133724/http://indianexpress.com/article/india/re-promulgation-of-ordinances-fraud-on-constitution-sc-4456354/|archive-date=3 January 2017|url-status=live|access-date=3 January 2017}}</ref> Thus, it is believed that the POI is the [[de jure]] head of the state, whereas [[Prime Minister of India|PM]] is the [[de facto]] head.

=== Executive powers ===
{{Blockquote|The President of the Indian Union will be generally bound by the advice of his Ministers. ... He can do nothing contrary to their advice nor can do anything without their advice. The [[President of the United States]] can dismiss any Secretary at any time. The President of the Indian Union has no power to do so, so long as his Ministers command a majority in [[Parliament of India|Parliament]]|[[Bhimrao Ambedkar]]{{small|, chairperson of the drafting committee of the [[Constituent Assembly of India]]}}<ref name=":Indian Political Thought" />}}
[[File:Flag of the President of India (1950–1971).svg|thumb|200px|[[Presidential Standard of India]] (1950–1971)]]
As per [[s:Constitution of India/Part V|Article 53]], the [[Executive (government)|executive power]] of the country is vested in the president and is exercised by the president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per [[s:Constitution of India/Part V|Article 70]] which may be further delegated by the president to the [[Governors of states of India|governors of states]] per [[s:Constitution of India/Part VI|Article 160]]. [[Union Council of Ministers|Union cabinet]] with [[Prime Minister of India|prime minister]] as its head, should aid and advise the president in performing their functions. Per [[Article 74 of the Constitution of India|Article 74 (2)]], the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing their duties. President or their subordinate officers is bound by the provisions of the constitution notwithstanding any advice by the union cabinet.<ref>{{cite web|url=https://indiankanoon.org/docfragment/494666/?formInput=article%2075%20%283%29%20%20doctypes%3A%20supremecourt|title=U.N. R. Rao vs Smt. Indira Gandhi on 17 March, 1971, SC verdict|archive-url=https://web.archive.org/web/20180208182943/https://indiankanoon.org/docfragment/494666/?formInput=article%2075%20%283%29%20%20doctypes%3A%20supremecourt|archive-date=8 February 2018|url-status=live|access-date=3 January 2017}}</ref>

As per [[s:Constitution of India/Part V|Article 142]], it is the duty of the president to enforce the decrees of the supreme court.

=== Judicial powers ===
The primary duty of the president is to preserve, protect and defend the constitution and the law of India per [[s:Constitution of India/Part V|Article 60]]. The president appoints the [[Chief Justice of India|chief justice of India]] and other judges on the advice of the chief justice. The president may dismiss a judge with a two-thirds vote of the two Houses of the parliament.<ref name="Woods2008">{{cite book|url=https://books.google.com/books?id=hx0MbH0r8zQC&pg=PA185|title=Judicial Power and National Politics: Courts and Gender in the Religious-Secular Conflict in Israel|last=Woods|first=Patricia J.|publisher=SUNY Press|year=2008|isbn=978-0-7914-7400-6|page=185|archive-url=https://web.archive.org/web/20160427022339/https://books.google.com/books?id=hx0MbH0r8zQC&pg=PA185|archive-date=27 April 2016|url-status=live}}</ref>

The [[Government of India|Indian government's]] chief legal adviser, the [[Attorney-General for India|attorney-general for India]], is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, they can also ask for the [[advisory opinion#India|advisory opinion]] of the [[Supreme Court of India|supreme court]] per [[s:Constitution of India/Part V#Article 143 %7BPower of President to consult Supreme Court%7D|Article 143]]. Per [[s:Constitution of India/Part V|Article 88]], the president can ask the attorney general to attend the parliamentary proceedings and report to him any unlawful functioning if any.<ref name="Supreme Court of India – constitution">{{cite web|url=http://supremecourtofindia.nic.in/constitution.htm|title=Supreme Court of India – constitution|publisher=Supreme Court of India|archive-url=https://web.archive.org/web/20160830234213/http://supremecourtofindia.nic.in/constitution.htm|archive-date=30 August 2016|url-status=dead|access-date=28 August 2016}}</ref>

=== Appointment powers ===
The president appoints as [[Prime Minister of India|prime minister]], the person most likely to command the support of the majority in the [[Lok Sabha]] (usually the leader of the majority party or coalition). The president then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the prime minister.<ref name="Kumar">{{cite book|url=https://books.google.com/books?id=an78gq3JwzYC|title=Universal's Guide to the Constitution of India|last=Kumar|first=Rajesh|publisher=Universal Law Publishing|year=2011|isbn=978-93-5035-011-9|archive-url=https://web.archive.org/web/20160610013332/https://books.google.com/books?id=an78gq3JwzYC|archive-date=10 June 2016|url-status=live}}</ref>{{rp|72}} The Council of Ministers remains in power at the 'pleasure' of the president.

The president appoints 12 members of the [[Rajya Sabha]] from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. The president may nominate not more than two members of [[Anglo Indian]] community as [[Lok Sabha]] members per [[s:Constitution of India/Part XVI|Article 331]], which was removed in 2019.

[[Governors of states of India|Governors]] of [[States and territories of India|states]] are also appointed by the president who shall work at the pleasure of the president. Per [[s:Constitution of India/Part VI|Article 156]], the president is empowered to dismiss a governor who has violated the constitution in their acts.

The president is responsible for making a wide variety of appointments. These include:<ref name=Kumar />{{rp|72}}
* The [[Chief Justice of India]] and other judges of the [[Supreme Court of India]] and state/union territory [[List of high courts in India|high courts]].
* The [[List of Chief Ministers of Delhi|Chief Minister of the National Capital Territory of Delhi]] (Article 239 AA 5 of the constitution).
* The [[Comptroller and Auditor General of India|Comptroller and Auditor General Of India]].
* The [[Chief Election Commissioner of India|Chief Election Commissioner]] and other [[Election Commissioner of India|Election Commissioners]].
* The chairman and other members of the [[Union Public Service Commission]].
* The [[Attorney General of India|Attorney General Of India]].
*[[Ambassador]]s and [[High Commissioner]]s to other countries (only through the list of names given by the prime minister).<ref name="Darpan2007">{{cite book|author=Pratiyogita Darpan|date=March 2007|title=Pratiyogita Darpan|url=https://books.google.com/books?id=5ugDAAAAMBAJ&pg=PT60|url-status=live|publisher=Pratiyogita Darpan|issue=9|page=60|archive-url=https://web.archive.org/web/20130508131527/http://books.google.com/books?id=5ugDAAAAMBAJ&pg=PT60|archive-date=8 May 2013|access-date=10 May 2012}}</ref><ref name="BakshiM2010">{{cite book|url=https://books.google.com/books?id=rA39_9XtbBkC|title=The Constitution of India|last=Bakshi|first=P. M.|publisher=Universal Law Publishing Company|year=2010|isbn=978-81-7534-840-0|archive-url=https://web.archive.org/web/20160503184958/https://books.google.com/books?id=rA39_9XtbBkC|archive-date=3 May 2016|url-status=live}}</ref>{{rp|48}}
* Officers of the [[All India Services]] ([[Indian Administrative Service|IAS]], [[Indian Police Service|IPS]] and [[Indian Forest Service|IFoS]]), and other [[Central Civil Services]] in Group 'A'.

=== Financial powers ===
* A financial bill can be introduced in the parliament only with the president's recommendation.
* The president lays the Annual Financial Statement, i.e. the Union budget, before the parliament.
* The president can take advances out of the Contingency Fund of India to meet unforeseen expenses.
* The president constitutes a [[Finance Commission]] every five years to recommend the distribution of the taxes between the centre and the States. The [[Fifteenth Finance Commission|most recent]] was constituted in 2017.<ref name="Parliamentary System in India">{{cite book|url=https://books.google.com/books?id=gcoemzvt97AC&pg=PA25|title=Parliamentary System in India|last=Deogaonkar|first=S.G.|publisher=Concept Publishing|year=1997|isbn=978-81-7022-651-2|page=25|archive-url=https://web.archive.org/web/20160516185543/https://books.google.com/books?id=gcoemzvt97AC&pg=PA25|archive-date=16 May 2016|url-status=live}}</ref><ref>{{Cite web|url=http://www.thehindubusinessline.com/economy/nk-singh-appointed-chairman-of-15th-finance-commission/article9974029.ece|title=NK Singh appointed Chairman of 15th Finance Commission|date=27 November 2017|newspaper=[[The Hindu]] Business Line|publication-place=[[New Delhi]]|access-date=15 January 2018|archive-date=16 April 2021|archive-url=https://web.archive.org/web/20210416234212/https://www.thehindubusinessline.com/economy/nk-singh-appointed-chairman-of-15th-finance-commission/article9974029.ece|url-status=live}}</ref><ref>{{Cite web|url=http://www.livemint.com/Politics/rWfJyCZBIkttQMKHXoZBHO/NK-Singh-appointed-chairman-of-15th-Finance-Commission.html|title=N.K. Singh appointed chairman of 15th Finance Commission|date=27 November 2017|website=Livemint|publisher=[[HT Media Ltd]]|publication-place=[[New Delhi]]|access-date=15 January 2018|archive-date=19 February 2018|archive-url=https://web.archive.org/web/20180219092950/http://www.livemint.com/Politics/rWfJyCZBIkttQMKHXoZBHO/NK-Singh-appointed-chairman-of-15th-Finance-Commission.html|url-status=live}}</ref>

=== Diplomatic powers ===
All international treaties and agreements are negotiated and concluded on behalf of the president.<ref name="Laxmikanth2010">{{cite book|url=https://books.google.com/books?id=EAunh90l44IC|title=Indian Polity for Civil Services Examinations|last=Laxmikanth|first=M|publisher=Tata McGraw-Hill Education|year=2010|isbn=978-0-07-015316-5|archive-url=https://web.archive.org/web/20160424071355/https://books.google.com/books?id=EAunh90l44IC|archive-date=24 April 2016|url-status=live}}</ref>{{rp|18}} However, in practice, such negotiations are usually carried out by the prime minister along with their Cabinet (especially the [[Minister of External Affairs (India)|Minister of External Affairs]]). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e. the officers from the [[Indian Foreign Service]].<ref>{{Cite web|title=Power and functions of President – Advocatespedia|url=https://advocatespedia.com/Power_and_functions_of_President|access-date=22 November 2020|website=advocatespedia.com|archive-date=19 May 2022|archive-url=https://web.archive.org/web/20220519162803/https://advocatespedia.com/Power_and_functions_of_President|url-status=dead}}</ref>{{rp|143}} The president is the first citizen of the country.<ref name="Darpan2007" />

=== Military powers ===
The president is the supreme commander of the [[Indian Armed Forces]]. Only the president can declare war or conclude peace,<ref name="Darpan2007" /> on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name.<ref name="Pearson">{{cite book|url=https://books.google.com/books?id=UbdgaWR_xsUC&pg=SA12-PA6|title=The Pearson Guide To Bank Probationary Officer Recruitment Examinations|last=Thorpe|first=Vandana|publisher=Pearson Education India|year=2008|isbn=978-81-317-1568-0|page=12|archive-url=https://web.archive.org/web/20160425161321/https://books.google.com/books?id=UbdgaWR_xsUC&pg=SA12-PA6|archive-date=25 April 2016|url-status=live}}</ref>

=== Pardoning powers ===
{{See also|Presidential pardon}}

As mentioned in [[s:Constitution of India/Part V#Article 72 %7BPower of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases%7D|Article 72]] of the [[Constitution of India|Indian constitution]], the president is empowered with the powers to grant [[Presidential pardon|pardons]] in the following situations:<ref name="Darpan2007" />
* punishment for an offence against Union law
* punishment by a [[Military justice|military court]]
* a [[Capital punishment|death sentence]]<ref name="Pearson" />

The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises their executive powers on the advice of the prime minister and the [[Cabinet of India|cabinet]].<ref name=Kumar />{{rp|239}}<ref name="BarringtonBosia2009">{{cite book|url=https://books.google.com/books?id=3uuAtazupnAC&pg=PA267|title=Comparative Politics: Structures and Choices|last1=Barrington|first1=Lowell W.|last2=Bosia|first2=Michael J.|last3=Bruhn|first3=Kathleen|publisher=Cengage Learning|year=2009|isbn=978-0-618-49319-7|page=267|archive-url=https://web.archive.org/web/20160428043831/https://books.google.com/books?id=3uuAtazupnAC&pg=PA267|archive-date=28 April 2016|url-status=live}}</ref>

=== Emergency powers ===
The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.<ref name="Laxmikanth2010" />{{rp|12}}

==== National emergency ====
{{See also|The Emergency (India)}}
A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 ([[Sino-Indian War|Indo-China war]]), 1971 ([[Indo-Pakistani War of 1971|Indo-Pakistan war]]),<ref name="Omar2002">{{cite book|url=https://books.google.com/books?id=o6-wZP7Tz8YC&pg=PA129|title=Emergency Powers and the Courts in India and Pakistan|last=Omar|first=Imtiaz|publisher=Martinus Nijhoff Publishers|year=2002|isbn=978-90-411-1775-5|page=129|archive-url=https://web.archive.org/web/20160603104218/https://books.google.com/books?id=o6-wZP7Tz8YC&pg=PA129|archive-date=3 June 2016|url-status=live}}</ref> and 1975 to 1977 (declared by [[Indira Gandhi]]).<sup>[[The Emergency (India)|[see main]]]</sup>

Under [[s:Constitution of India/Part XVIII|Article 352]] of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the [[Prime Minister of India|prime minister]]. Such a proclamation must be approved by the parliament with at least a two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration.<ref name="Laxmikanth2010" />{{page needed|date=May 2013}}

In such an emergency, [[Fundamental Rights in India|Fundamental Rights of Indian citizens]] can be suspended.<ref name="SharmaB.k.2007" />{{rp|33}} The six freedoms under [[Fundamental Rights, Directive Principles and Fundamental Duties of India#Right to Freedom|Right to Freedom]] are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended ([[s:Constitution of India/Part III#Article 21 %7BProtection of life and personal liberty%7D|Article 21]]).<ref name="Arora">{{cite book|url=https://books.google.com/books?id=z8Flb0gZ3ZkC&pg=SA20-PA6|title=Political Science for Civil Services Main Examination|last=Arora|first=N.D.|publisher=Tata McGraw-Hill Education|year=2010|isbn=978-0-07-009094-1|archive-url=https://web.archive.org/web/20160513055041/https://books.google.com/books?id=z8Flb0gZ3ZkC&pg=SA20-PA6|archive-date=13 May 2016|url-status=live}}</ref>{{rp|20.6}}

The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws).<ref name="History & Civics">{{cite book|url=https://books.google.com/books?id=GDmuSf3ZWtIC&pg=PA14|title=History & Civics|publisher=Rachna Sagar|isbn=978-81-8137-037-2|page=14|archive-url=https://web.archive.org/web/20160509151214/https://books.google.com/books?id=GDmuSf3ZWtIC&pg=PA14|archive-date=9 May 2016|url-status=live}}</ref> Also, all money bills are referred to the president for approval.<ref name="bright pub">{{cite book|url=https://books.google.com/books?id=ZCIFvcCxua0C|title=The Constitution of India: For all Academic and Competitive Examinations|publisher=Bright Publications|isbn=978-81-7199-054-2|page=48|archive-url=https://web.archive.org/web/20160729031538/https://books.google.com/books?id=ZCIFvcCxua0C|archive-date=29 July 2016|url-status=live}}{{year needed|date=May 2013}}</ref>{{rp|88}} The term of the [[Lok Sabha]] can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after the end of the declared emergency.<ref name=Kumar />{{rp|223}}

National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President [[Sarvepalli Radhakrishnan]], during the [[Sino-Indian War]]. This emergency lasted through the [[Indo-Pakistani War of 1965]] and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President [[V. V. Giri]] on the eve of the [[Indo-Pakistani War of 1971]]. The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President [[Fakhruddin Ali Ahmed]], with [[Indira Gandhi]] as prime minister in 1975. In 1977, the second and the third emergencies were together revoked.

==== State emergency ====
{{See also|Federalism in India}}
If the president is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the constitution, they can proclaim under Article 356 a state of emergency in the state.<ref name="const" /> Such an emergency must be approved by the [[Parliament of India|parliament]] within a period of 2 months.

Under [[s:Constitution of India/Part XVIII|Article 356]] of the [[Constitution of India|Indian constitution]], it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a [[Constitution of India|constitutional amendment]], as has happened in [[Punjab, India|Punjab]] and [[Jammu and Kashmir (union territory)|Jammu and Kashmir]].

During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of the president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list<ref>{{cite book|url=https://books.google.com/books?id=5jwLBRuWHnkC&pg=SL3-PA27|title=New ICSE History and Civics|publisher=Frank Brothers|isbn=978-81-8409-587-6|page=3|archive-url=https://web.archive.org/web/20160505140727/https://books.google.com/books?id=5jwLBRuWHnkC&pg=SL3-PA27|archive-date=5 May 2016|url-status=live}}{{year needed|date=May 2013}}</ref> (see [[National Emergency in India|National emergency]] for explanation).

A State Emergency can be imposed via the following:
# By Article 356{{spaced ndash}}If that state failed to run constitutionally, i.e. constitutional machinery has failed. When a state emergency is imposed under this provision, the state is said to be under "[[President's rule]].<ref name="HardgraveKochanek2008">{{cite book|url=https://books.google.com/books?id=pSyRgcSQhuIC|title=India: Government and Politics in a Developing Nation|last1=Hardgrave|first1=Robert L.|last2=Kochanek|first2=Stanley A.|publisher=Cengage Learning|year=2008|isbn=978-0-495-00749-4|archive-url=https://web.archive.org/web/20160519181457/https://books.google.com/books?id=pSyRgcSQhuIC|archive-date=19 May 2016|url-status=live}}</ref>{{rp|159}}
# By Article 365{{spaced ndash}}If that state is not working according to the direction of the Union government issued per the provisions of the constitution.<ref name="Sarkar">{{cite book|url=https://books.google.com/books?id=DAroH5ZqPgsC&pg=PA17|title=Constitutional Crisis in the States in India|last=Srivastava|first=Meera|publisher=Concept Publishing Company|year=1980|page=17|id=GGKEY:0BS5QYU7XF2|access-date=31 May 2012|archive-url=https://web.archive.org/web/20130508123539/http://books.google.com/books?id=DAroH5ZqPgsC&pg=PA17|archive-date=8 May 2013|url-status=live}}</ref>

This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if

# A state of National Emergency has been declared in the country or the particular state.
# The Election Commission finds it difficult to organise an election in that state.

The [[Sarkaria Commission]] held that presidents have unconstitutionally misused the provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states.<ref>{{cite web|url=http://lawmin.nic.in/ncrwc/finalreport/v2b2-5.htm|title=National Commission to Review the Working of the Article 356 of the constitution|year=2001|archive-url=https://web.archive.org/web/20150509030437/http://lawmin.nic.in/ncrwc/finalreport/v2b2-5.htm|archive-date=9 May 2015|url-status=dead|access-date=29 July 2015}}</ref> During 2005, President's rule was imposed in [[Bihar]] state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections.

There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president.<ref>{{cite web|url=http://www.egazette.nic.in/WriteReadData/2014/159233.pdf|title=Re-proclamation of President rule in Andhra Pradesh|year=2014|archive-url=https://web.archive.org/web/20140924041027/http://www.egazette.nic.in/WriteReadData/2014/159233.pdf|archive-date=24 September 2014|url-status=live|access-date=17 August 2014}}</ref><ref>{{cite news|url=http://timesofindia.indiatimes.com/india/Andhra-Pradesh-mired-in-President-rule-imbroglio/articleshow/33933171.cms|title=Andhra Pradesh mired in President rule imbroglio|work=The Times of India|access-date=21 September 2014|archive-url=https://web.archive.org/web/20140706013450/http://timesofindia.indiatimes.com/india/Andhra-Pradesh-mired-in-President-rule-imbroglio/articleshow/33933171.cms|archive-date=6 July 2014|url-status=live}}</ref>

==== Financial emergency ====
Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes.<ref name="const" /><ref>{{cite web|url=http://indiankanoon.org/doc/976795/|title=Supreme Court Judgement: Bhim Singh vs U.O.I & Ors on 6 May, 2010|archive-url=https://web.archive.org/web/20120322134716/http://indiankanoon.org/doc/976795/|archive-date=22 March 2012|url-status=live|access-date=21 March 2012}}</ref> [[s:Constitution of India/Part XII|Article 293]] gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India.<ref>{{cite web|url=http://fincomindia.nic.in/writereaddata%5Chtml_en_files%5Cfincom14/others/42.pdf|title=Article 293 and its application|archive-url=https://web.archive.org/web/20160518160231/http://fincomindia.nic.in/writereaddata/html_en_files/fincom14/others/42.pdf|archive-date=18 May 2016|url-status=live|access-date=21 March 2016}}</ref>

Under article 360 of the constitution, the president can proclaim a financial emergency when the financial stability or credit of the nation or any part of its territory is threatened.<ref name="const" /> However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the [[Finance Commission of India|finance commission]] or by the central government.

Such an emergency must be approved by the parliament within two months by a simple majority. It has never been declared.<ref name="sharma kanhaiya">{{cite book|url=https://books.google.com/books?id=14U2EOCvQHoC&pg=PA321|title=Reconstitution of Constitution of India|last=Sharma|first=Kanhaiyalal|publisher=Deep and Deep Publications|year=2002|isbn=81-7629-405-5|archive-url=https://web.archive.org/web/20160519122048/https://books.google.com/books?id=14U2EOCvQHoC&pg=PA321&dq=Finance+emergency+in+India&hl=en&sa=X&ei=rgmiUaONC8eXiQKSuoD4Bw&ved=0CEwQ6AEwBg|archive-date=19 May 2016|url-status=live}}</ref>{{rp|604}} A state of financial emergency remains in force indefinitely until revoked by the president.<ref name=Kumar />{{rp|195}}

The president can reduce the salaries of all government officials, including judges of the [[Supreme Court of India|supreme court]] and [[List of high courts in India|high courts]], in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.<ref name="general studies Indian polity">{{cite book|url=https://books.google.com/books?id=lYMuFKCCLDEC&pg=PA106|title=general studies Indian polity|publisher=Upkar Prakashan|page=106|access-date=12 May 2012|archive-url=https://web.archive.org/web/20130508123832/http://books.google.com/books?id=lYMuFKCCLDEC&pg=PA106|archive-date=8 May 2013|url-status=live}}</ref>