Judicial Powers of The President

The President helps control the Judiciary in several ways. The President appoints the Chief Justice of India and other Justices based on the Chief Justice’s recommendation. The President may remove a judge with a two-thirds majority in either of the Houses of Parliament. In 1950, India came under Presidential control. According to Article 72, the president of India possesses judicial, legislative, and executive authority at different levels. There are many judicial powers that the President of India may use, such as appointing the Chief Justice of the Supreme Court, pardoning criminals, decreasing or postponing punishments, and more.

What is the Judicial Powers of the President?

The presidents of India have many judicial authorities and controls. Different judicial powers of the President are described in Articles 72 and 60. Additional emergency powers are granted to the President by Articles 352, 356, and 370. The provisions state that the President may name judges, pardon offenders, lessen or suspend sentences, and more.

One who has been found guilty by a Court Martial may also be pardoned. The process for electing and removing a president is structured differently in order to preserve the transparency of the office. As a result, the only way to remove an Indian president is by impeachment.

Constitutional Provisions Related to the President’s Judiciary Power

The below-mentioned provisions are the Constitutional Provisions related to the President’s Judiciary Power:

• Article 60 of the President’s Oath states that a president is obligated to defend, safeguard, and uphold the Constitution.
• A person found guilty by a Court Martial may be pardoned by the Indian President in accordance with Article 72.
• The President of India possesses exceptional pardoning abilities. Also, the President is immune to legal action and cannot be charged with a crime. They do not function as a court of appeals when it comes to pardoning someone because it is more of an executive right.
• Article 217(3) gives the President the authority to select judges on their own and to reject the recommendations of the advisory council.
• Article 143 permits the Indian President to consult with the Supreme Court of India.

Pardoning Powers of the President

Pardoning Powers of the President are listed below in detail:

• The President may pardon a criminal, lessen their sentence, or suspend it. These are known as the President’s Pardoning Powers. It indicates that they have the authority to release the defendant, lessen the sentence, or retain it in place if requested. Also, the President cannot be prosecuted in this situation; his choice to pardon is unaffected by the law.
• The President of India also has the authority to pardon a subject of a court martial. A president has the option to pardon someone who has been found guilty by a court martial. Moreover, this choice surpasses the law.
• The President has the authority to grant a reprieve. The act of delaying the guilty party’s execution in order to pardon them is known as a power of reprieve. Also, the President might lessen the penalty imposed on the guilty by using the authority of reprieve. The President has the authority to suspend, lessen, or pardon an offender.
• As the Supreme Commander of the Armed Forces, the President may also pardon a criminal sentence imposed by the Military Court.
• The Indian Constitution grants the President the authority to pardon, relieve, remit, commute, suspend, and reprieve a person who has been found guilty by the legal system but who the President believes deserves an opportunity.
• The President may lessen the severity of the penalty by commuting a sentence.
• Article 72 of the Indian Constitution permits the President to exercise this power because the President alone has extraordinary jurisdiction in the Indian Judiciary system, where it is vested in him.

Appointment and Removal of Judges by the President

The President can appoint justices to the Supreme Court as well as additional judges, on the Chief Justice’s recommendation. Article 217(3) of the Indian Constitution states that the Chief Justice of India may be consulted in order for the President to resolve any disagreement on the age of High Court justices. Also, the President has the authority to remove a judge from office by a majority vote (two-thirds) of the Rajya Sabha and Lok Sabha, the two houses of parliament.

Protecting the Constitution and the Law by the President

The President is obligated to exercise this basic power of protecting the Constitution and the Law. The President of India is authorized by Article 60 of the Indian Constitution to take any action necessary to protect and enforce the Constitution. Also, it is his duty to protect and uphold both the Constitution and Indian law.

If the President is unable to settle a legal matter on his own, he may also request the Supreme Court’s opinion. The Supreme Court is required under the Constitution to offer advice in these situations. This advice might be requested by the Indian President, usually in the event of a public concern issue.

Conclusion

In conclusion, President help control the judiciary in many ways. Chief Justice and judges of the Supreme Court and High Court are appointed by him. He follows the Supreme Court’s advice, but it is not legally obligated to him. Article 72 grants him the authority to pardon people who have committed crimes against union law, been sentenced to death by a martial court, or received other forms of punishment.

Questions and Answers on How can the President Help Control the Judiciary?

1. What is the Role of the President in the Judiciary?

The Indian Constitution states that the President may name judges, pardon offenders, lessen or suspend sentences, and more. One who has been found guilty by a Court Martial may also be pardoned.

2. Does President have Judicial Power?

The President of India has a wide range of judicial and regulatory powers. Despite belonging to the legislative branch, the Indian Constitution grants the President the authority to exercise administrative and judicial powers. The President of India appoints the Chief Justice and judges of the Supreme Court and High Court.

3. Can the Judiciary Act against the President?

When it comes to using their official authority and performing their duties, the President and the Governor are not subject to court oversight. Neither the President nor the Governor may be the subject of criminal charges while they are in office.

4. Can Judges be Removed by President?

The Supreme Court judge’s removal order can only be issued by the President following a speech by the legislature. The removal of a judge by impeachment does not end with the dissolution of the Lok Sabha.

5. Can President Pardon State Crimes in India?

The President of India may pardon a condemned individual or lessen their sentence in accordance with Article 72 of the Indian Constitution, especially in situations when the death penalty is involved. Article 161 gives the governors of each state a comparable and parallel power.