Executive Powers of the President
Indian Polity › President · Topic 13.7
The President’s executive powers include formal executive action, rule-making, appointing the PM, ministers and constitutional officers, seeking information from the Prime Minister, and directly administering Union territories and scheduled areas, on ministerial advice.
5 min read · UPSC Prelims · Polity · President
At a Glance
- What it is The appointing, rule-making and administrative powers of the President
- Basis Article 53 and many other Articles
- Exercise On the advice of the council of ministers
- Reach Union territories and scheduled areas
- Exam link UPSC Prelims, Polity: President
Where Does It Fit?
This is the seventh topic of the category on the President. The powers of the President can be studied under seven heads: executive, legislative, financial, judicial, diplomatic, military and emergency. This topic covers the executive powers.
The List of Executive Powers
| Power | Detail |
|---|---|
| Executive action | All executive actions of the Government of India are formally taken in the President’s name |
| Rule-making | Rules for authentication of orders and for the more convenient transaction and allocation of Union government business |
| Appointing ministers | Appoints the Prime Minister and other ministers, who hold office during the President’s pleasure |
| Attorney General | Appoints the Attorney General and determines remuneration; holds office during pleasure |
| Constitutional posts | Appoints the Comptroller and Auditor General, the Chief Election Commissioner and other election commissioners, the chairman and members of the UPSC, Governors, and the chairman and members of the Finance Commission |
| Information | Can seek any information about the administration of Union affairs and legislative proposals from the Prime Minister |
| Reconsideration by council | Can require the Prime Minister to submit for the council any matter decided by a minister but not considered by the council |
| Backward classes commission | Can appoint a commission to investigate conditions of backward classes |
| Inter-state council | Can appoint an inter-state council to promote Centre-state and inter-state cooperation |
| Union territories | Administers them directly through administrators appointed by the President |
| Scheduled and tribal areas | Can declare any area as a scheduled area and has powers over administration of scheduled and tribal areas |
Appointments as a Key Power
Many of the high constitutional offices are filled by the President. These include the Prime Minister and ministers, the Attorney General, the CAG, the Chief Election Commissioner and Election Commissioners, the UPSC chairman and members, the Finance Commission, and the Governors of states. In addition, the President appoints the Chief Justice and the judges of the Supreme Court and high courts, and the chiefs of the Army, Navy and Air Force. In practice, each appointment is made on the advice of the council of ministers, in line with Articles 74 and 75.
Appointment of the Prime Minister
The President appoints the leader of the party that wins a majority in the Lok Sabha as Prime Minister, and the other ministers on the Prime Minister’s advice. Where no party has a majority, a coalition may be invited to form the government. In such situations, and when the Prime Minister in office dies suddenly and there is no obvious successor, the President acts in the exercise of situational discretion. The President can also dismiss the council of ministers when it cannot prove the confidence of the Lok Sabha.
Powers Linked to the Council of Ministers
Because the President is bound by the advice of the council of ministers, the executive powers are exercised through the Union government. The 44th Amendment lets the President ask the council to reconsider its advice once, but the reconsidered advice is binding. For example, in October 1997 President K.R. Narayanan returned a cabinet recommendation to impose President’s Rule in Uttar Pradesh, and the cabinet decided not to proceed. In September 1998 he returned a recommendation for Bihar; the cabinet re-advised the same after a couple of months, and President’s Rule was imposed in February 1999.
Administration of Special Areas
The President directly administers the Union territories through administrators, and for some, such as the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu and Ladakh, can make regulations for peace, progress and good government. The President can declare areas as scheduled areas and has powers over the administration of scheduled areas and tribal areas under the Fifth and Sixth Schedules. These are real administrative powers exercised on the advice of the Union government.
Why Is This Topic Important?
- Appointments list Which offices the President appoints is a popular question
- Link to ministers Appointment of PM links to category 15
- Basis for later topics Other heads follow
What Came Next?
The next topic covers the legislative powers of the President.
Key People and Terms
- Pleasure of the President Term depends on the President’s will
- Scheduled area Declared by the President
- Administrator Head of a Union territory
- Situational discretion Limited personal choice in specified cases
- Authentication Formal certification of orders
Exam Corner
Points to Remember
- PM, ministers and the Attorney General hold office during pleasure.
- Appoints CAG, CEC, UPSC, Finance Commission, Governors.
- Can declare a scheduled area.
- Administers Union territories through administrators.
Do Not Confuse With
- Pleasure of the President and security of tenure Pleasure for ministers and the Attorney General; fixed tenure for others
- Appointing and removing Removal rules differ for different offices
- Advice and discretion Only situational discretion
Memory Hook
Name in his seal, ministers at pleasure, officers appointed, territories administered.
Mains Angle
Questions on this topic usually ask what is real in the President’s executive power. Use these points to add depth.
- Appointing authority Large number of constitutional posts
- Advice binding Exercised via the council of ministers
- Discretion Only in specified situations
- Special areas Direct administration of territories
A Question You May Face
An original practice question, not a past paper question.
“Enumerate the executive powers of the President and comment on their exercise in practice.”
How to Answer
- Introduction Seven heads of power.
- Powers Appointments and rules.
- Practice Advice of ministers.
- Conclusion Formal versus real.
GS Relevance
Frequently Asked Questions
What are the executive powers of the President?
The President takes executive action in the name of the Union, makes rules for the transaction of business, appoints the Prime Minister, ministers and constitutional officers, seeks information from the Prime Minister, and administers Union territories and scheduled areas.
Whom does the President appoint?
The President appoints the Prime Minister and other ministers, the Attorney General, the CAG, the Chief Election Commissioner and Election Commissioners, the UPSC chairman and members, Governors, the Finance Commission members, the judges of the Supreme Court and high courts, and the service chiefs.
Can the President seek information from the Prime Minister?
Yes. The President can seek any information relating to the administration of the affairs of the Union and proposals for legislation from the Prime Minister, and can require him to submit for the council of ministers any matter decided by a minister but not considered by the council.
How are Union territories administered?
The President directly administers the Union territories through administrators appointed for them. For some territories, such as the Andaman and Nicobar Islands, Lakshadweep and Ladakh, the President can also make regulations for peace, progress and good government.
Does the President use these powers independently?
The President exercises these powers on the advice of the council of ministers headed by the Prime Minister. The President has no constitutional discretion but has situational discretion, for example in choosing a Prime Minister when no party has a clear majority.
PYQ Practice — Statement Analysis
1 The Attorney General holds office during the pleasure of the President.
Along with ministers.
2 The President can declare an area as a scheduled area.
And administer it.
3 The CAG is appointed by the Prime Minister.
By the President.
4 The President administers Union territories directly through administrators.
Executive power.
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