Executive Power of the President of India
✅ Executive Power of the President of India
🔷 1. Constitutional Position of the President
The President of India is the constitutional head of the Union Executive.
The office is defined in Part V, Chapter I of the Constitution of India (Articles 52 to 78).
The President is the formal head of the State, while real executive power is vested in the Council of Ministers, headed by the Prime Minister.
Article 52: There shall be a President of India.
Article 53(1): The executive power of the Union shall be vested in the President and shall be exercised either directly or through officers subordinate to him in accordance with the Constitution.
🔷 2. Nature of Executive Power
Though the Constitution vests executive power in the President, he/she exercises it only on the aid and advice of the Council of Ministers, as per:
Article 74(1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice.
Thus, the President is a nominal executive, while the real power lies with the Cabinet.
🔷 3. Scope of Executive Power
The executive power of the President includes the following domains:
A. Administrative Powers
Appointment of:
Prime Minister
Other ministers (on the advice of the PM)
Governors of States
Attorney General of India
Comptroller and Auditor General
Chief Election Commissioner and other ECs
Chairpersons and members of UPSC, Finance Commission, etc.
Acts as Commander-in-Chief of the Armed Forces
Can seek information from the Prime Minister on matters of administration (Article 78)
B. Legislative Powers
Summons and prorogues Parliament
Dissolves the Lok Sabha
Addresses Parliament at the beginning of the first session after general elections and every year
Gives assent to bills
Can withhold or return a bill for reconsideration (except money bills)
Can promulgate ordinances under Article 123 when Parliament is not in session
C. Judicial Powers
Appoints judges of the Supreme Court and High Courts
Has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 72
Can suspend, remit, or commute the sentence of any person convicted of an offence
D. Diplomatic Powers
Represents India in international forums and affairs
Appoints ambassadors and diplomatic representatives
Receives foreign ambassadors and envoys
Signs international treaties and agreements (though subject to ratification by Parliament)
E. Military Powers
Supreme Commander of the Armed Forces
Can declare war or peace, but only with Parliamentary approval
F. Emergency Powers
During a proclamation of emergency under:
Article 352 (National Emergency)
Article 356 (President’s Rule)
Article 360 (Financial Emergency)
The President assumes greater powers, and can:
Make laws through ordinances
Take control over state machinery (President’s Rule)
Direct the state to follow financial norms
🔷 4. Limitations on the President’s Executive Powers
Bound by the advice of the Council of Ministers (after the 42nd and 44th Constitutional Amendments).
Cannot act independently except in certain discretionary situations, such as:
Appointment of a Prime Minister when no party has a clear majority
Dismissal of a government that has lost the confidence of the House
Dissolution of Lok Sabha if no stable government is possible
🔷 5. Relevant Case Law
⚖️ Shamsher Singh v. State of Punjab (1974)
Landmark judgment on the executive powers of the President.
Supreme Court held:
The President is a constitutional head, and all executive actions are formally taken in his name, but real powers lie with the Council of Ministers.
Clearly laid down that the President cannot act independently, except in rare situations.
⚖️ U.N. Rao v. Indira Gandhi (1971)
Concerned with the appointment of the Prime Minister.
The Court held that the President must use discretion in appointing a Prime Minister only when no party has a clear majority.
Reinforced that President’s discretion is limited and situational.
⚖️ R. v. Governor-General of India (Privy Council Case)
Although pre-independence, it clarified that the Governor-General (equivalent to today’s President) could not exercise absolute discretion.
🔷 6. Execution of Functions
Even though the executive power is vested in the President, all official decisions and orders must be:
Expressed in the name of the President (Article 77)
Authenticated as per the rules framed by the President
But again, these are formalities, as the substantive decisions are taken by the ministers.
🔷 7. Practical Role of the President
| Situation | Role of the President |
|---|---|
| Stable majority in Lok Sabha | Bound to act on advice |
| Hung Parliament | Limited discretion in appointing PM |
| Ordinance during recess | Can promulgate, but must be ratified |
| Bill passed by Parliament | Can assent, withhold, or return (except money bills) |
| Emergency situation | Assumes wider executive powers |
🔷 8. Conclusion
The President of India is the nominal head of the Executive.
All executive powers are exercised in the President's name, but only on the advice of the Council of Ministers.
The role is largely ceremonial, except in extraordinary situations, where discretion may be used.
Judicial pronouncements, especially Shamsher Singh, have firmly established that the President must act as per advice, maintaining the parliamentary nature of Indian democracy.
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