Role of the President in administration
Role of the President in Administration: Overview
The President as the Head of State often plays a pivotal role in the administration of government. The scope and nature of this role depend on whether the country follows a presidential, parliamentary, or hybrid system of governance.
In general, the President’s administrative role includes:
Appointment powers: Selecting heads of executive agencies, ministers, judges, and officials.
Policy direction: Guiding national policies through executive orders or directives.
Supervision of administration: Overseeing the implementation of laws and executive decisions.
Emergency powers: Exercising special powers in times of crisis.
Promulgation of laws: Signing or vetoing legislation.
Diplomatic functions: Conducting foreign affairs and treaty-making.
Control over civil service: Influencing the structure and management of the administrative machinery.
The President’s role in administration is balanced by constitutional provisions, legislature, judiciary, and sometimes by conventions.
Case Law Analysis
1. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) – United States
This landmark case established the principle of judicial review, limiting the President’s administrative actions to conform with the Constitution.
Relevance: It affirmed that while the President has broad administrative powers, these powers are subject to constitutional constraints. The President cannot act arbitrarily and must adhere to legal limits.
2. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 – India
This case emphasized the basic structure doctrine, confirming that the President’s powers, including administrative powers, are subject to constitutional limits.
Key Point: The President cannot use administrative powers to alter the fundamental constitutional framework, and all administrative acts are reviewable by courts.
3. Attorney-General v. De Keyser’s Royal Hotel Ltd [1920] AC 508 – United Kingdom
In this case, the court held that the President (or executive authority) must exercise powers within the framework of statutory authorization and not arbitrarily.
Implication: Administrative actions by the President must be based on proper legal authority, respecting the rule of law.
4. A.K. Kraipak v. Union of India, AIR 1970 SC 150 – India
This case held that the President, while exercising administrative functions such as appointments, must do so fairly and without bias.
Principle: Administrative decisions by the President are subject to principles of natural justice and fairness.
5. R (Miller) v. Secretary of State for Exiting the European Union (2017) – UK Supreme Court
This recent case clarified limits on the executive (including the President or Prime Minister) in triggering significant administrative or constitutional changes without parliamentary approval.
Significance: Even high executive officials must act within the limits of law and respect parliamentary sovereignty.
Summary of Legal Principles
The President exercises significant administrative powers but always within constitutional and legal limits.
Executive actions, including administrative decisions, are subject to judicial review for legality, fairness, and reasonableness.
The President’s role includes appointment, supervision, policy direction, and emergency powers, but these powers are balanced by legislative oversight and the rule of law.
Administrative actions must comply with natural justice, especially in matters affecting rights.
The President cannot override fundamental constitutional principles or laws.
Conclusion
The President holds a crucial administrative role as the head of the executive branch. However, case law from various jurisdictions consistently emphasizes that this role is bounded by constitutional principles, legal statutes, and judicial oversight. This ensures accountability, fairness, and respect for the rule of law in administrative governance.
RELATED Blog
0 comments