- POWER AND FUNCTIONS OF THE PRESIDENT
UNIT 7 – THE PRESIDENT – PART 2
POWERS AND FUNCTIONS OF THE PRESIDENT
EXECUTIVE POWERS:
The executive powers of the Union are vested with the President and he can exercise the powers either directly or through the subordinate officers in accordance with the constitution. All the affairs of the government or the State are carried out in his name. He is the formal executive head of the State administration. But the actual administration of various departments of the government is carried out by the Union Ministers. All the executive officers of the Union are his subordinates thus, he has the right to be informed about the affairs of the government. His primary administrative power is the appointment and removal of high dignitaries.
S.No | Executive Powers of the President |
1 | He appoints the Prime Minister and other Ministers (under the advice of the PM) of the Union. They hold office during the pleasure of President. He can also remove the ministers individually. |
2 | He appoints the Attorney General of India, who holds office during his pleasure. Note: The solicitor general is appointed by the central government. |
3 | He appoints the Comptroller and Auditor General of India (CAG) who does not hold office during the pleasure of President. |
4 | He appoints the Chief Justice of India and other judges of Supreme Court. Note: He appoints the Chief Justice and other judges of High Courts as well. |
5 | He appoints the chairman and other members of UPSC and Joint Public Service Commissions. Note: Though he does not appoint the chairman and other members of State Public Service Commissions, they can be removed only by him. |
6 | He appoints the chairman and members of National Commission for Scheduled Castes and National Commision for Scheduled Tribes. |
7 | He appoints the Chief Election Commissioner and other Election Commissioners, the Chairman and members of Finance Commission, the administrators of Union Territories, the Central Chief Information Commissioner, the chairperson of National Human Rights Commission and the Central Vigilance Commissioner. |
8 | He can declare any area as scheduled area. He has the powers to administer the scheduled and tribal areas. |
9 | He can appoint an inter-state council for strengthening the centre-state and inter-state relations. |
10 | He can appoint a commission to study the conditions of SCs, STs and other backward classes. He can also appoint a commission on official language and a special officer for linguistic minorities. |
11 | All the international treaties and agreements are signed on behalf of the President as he is the Head of the State. Such treaties need to be ratified by the Parliament. |
The executive powers of the President are limited and he has to exercise his executive powers in accordance with the advice of the council of ministers(CoM). But prior to the 42nd constitutional amendment act, 1976 he was not bound to act in accordance with the advice of CoM. The 44th constitutional amendment act, 1978 relaxed the limitations and enabled the President to require the CoM to reconsider the advice. However, he can use this power to return for reconsideration only once and if the CoM gives the same advice after reconsideration, he has to act accordingly.