The President of India does not have an active judicial role in the traditional sense, and the actual exercise of judicial powers is carried out by the independent judiciary. However, there are certain constitutional provisions that involve the President in matters related to the judiciary.
1. Article 72: Power of Pardon, etc.:
- Article 72 empowers the President to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense.
- This power is exercised by the President on the advice of the Council of Ministers.
2. Article 103: Decision on Questions as to Disqualifications of Members:
- Article 103 gives the President the authority to decide on questions regarding the disqualification of members of either House of Parliament (Lok Sabha or Rajya Sabha) based on the opinions of the Election Commission.
- The President acts on the advice of the Election Commission and, in practice, follows the recommendation.
3. Article 217: Appointment and Conditions of the Office of a Judge of the Supreme Court:
- Article 217 outlines the procedure for the appointment of Judges of the Supreme Court. While the President formally appoints Judges, the process involves consultation with the Chief Justice of India and other Judges.
4. Article 222: Transfer of Judges from one High Court to another:
- Article 222 empowers the President, after consultation with the Chief Justice of India, to transfer a Judge from one High Court to another.
5. Article 224: Appointment of Additional and Acting Judges:
- Article 224 grants the President the power to appoint additional and acting Judges for a High Court. These appointments are made after consulting the Chief Justice of India.
6. Article 356: President’s Rule in States:
- Article 356 gives the President the power to proclaim a state of emergency in a state (President’s Rule) if it is felt that the constitutional machinery in the state has failed.
- The President’s Rule allows the central government to take over the governance of the state.
7. Article 361: Protection of President and Governors:
- Article 361 provides immunity to the President from legal proceedings during their term of office.
8. Article 143: Consultation with the Supreme Court:
- Article 143 allows the President to seek the opinion of the Supreme Court on any question of law or fact of public importance. However, the opinion provided by the Supreme Court is advisory and not binding on the President.
9. Article 345: Official language or languages of the Union:
- While not directly related to judicial powers, Article 345 allows the President to issue orders for the use of the Hindi language for official purposes of the Union, including judgments and decrees of the Supreme Court.
10. Article 361A: Protection of publication of proceedings of Parliament and State Legislatures:
- Again, not directly related to judicial powers, but Article 361A provides protection to the President and Governors regarding the publication of proceedings of Parliament and State Legislatures.
It’s crucial to understand that the President’s involvement in judicial matters is limited, and the actual exercise of judicial powers, including interpreting the law and adjudicating disputes, lies within the domain of the judiciary, which is an independent and separate branch of the government. The President’s role is often ceremonial, and decisions are made based on the advice of constitutional authorities.
