Executive Powers of President — UPSC notes

(a) All executive actions are taken in President’s name This means every decision of Central Government is officially issued in the name of President.

Executive Powers of President — Detailed & Easy

First understand the base idea:

In India, the real executive = Prime Minister + Council of Ministers
But Constitution says:

👉 Executive power is vested in the President
👉 So all actions are taken in President’s name

President = constitutional head
Government = works in his/her name

Now each power clearly 👇


(a) All executive actions are taken in President’s name

This means every decision of Central Government is officially issued in the name of President.

Even though decision is taken by ministers/officials, legally it is considered President’s decision.

Detailed example

Government wants to appoint a new IAS officer as District Collector.

Process:

  • DoPT prepares file

  • Minister approves

  • PM approves

But final order will say:

“The President of India is pleased to appoint…”

So legally → appointment by President.

Same for:

  • Govt schemes approval

  • Officer transfers

  • Policy decisions

  • Rules notification

All in President’s name.


(b) President makes rules on how orders are authenticated

Since all orders are in President’s name, someone must sign them.
So Constitution allows President to make rules:

  • Who can sign govt orders

  • How orders become legally valid

This is called Authentication Rules.

Detailed example

President makes rule:

“Secretary of Ministry can sign orders on behalf of President.”

Now when Secretary signs:

“By order and in the name of the President of India”

→ order becomes legally valid.

Without such rule, every order would need President’s personal signature (impossible).


(c) President makes rules for transaction of govt business & allocation among ministers

This means President formally organizes how Union Government functions:

  • Which ministry handles which subject

  • How decisions move between ministries

  • Cabinet procedure

These are called Transaction of Business Rules and Allocation of Business Rules.

Detailed example

Subjects divided like:

  • Defence → Defence Ministry

  • Education → Education Ministry

  • Railways → Railway Ministry

  • Finance → Finance Ministry

Officially these allocations are issued in President’s name.

So legally → ministries exist under President’s authority.


(d) President appoints Prime Minister and other Ministers; they hold office during President’s pleasure

Constitutionally:

  • President appoints PM

  • President appoints ministers on PM advice

  • Ministers hold office during President’s pleasure

But in practice:

President must appoint majority leader as PM.

Detailed example

After Lok Sabha election:

Party X gets majority.

Steps:

  1. President invites Party X leader

  2. Appoints him Prime Minister

  3. PM gives list of ministers

  4. President appoints them

“Pleasure of President” means:
Formally ministers remain until President removes them.

But actually:
If PM resigns → all ministers go.


(e) President appoints Attorney General of India and decides remuneration

Attorney General = top legal officer of India
He advises govt in legal matters and represents in Supreme Court.

President appoints him and fixes salary.

Detailed example

Govt needs senior lawyer as AG.

PM recommends name → President appoints.

AG appears in Supreme Court:
“Attorney General for India”

Works during President’s pleasure.


(f) President appoints major constitutional authorities

President appoints many key posts to run the state machinery.

These include:

  • CAG → audits govt money

  • Election Commissioners → conduct elections

  • UPSC members → recruit civil servants

  • Governors → head of states

  • Finance Commission → tax distribution

Detailed example

Election Commissioner vacancy arises.

Selection committee recommends name → President appoints.

So legally → Election Commission authority comes from President.


(g) President can ask information from Prime Minister

President has right to know how country is governed.

So PM must give any information President asks regarding:

  • Administration

  • Policies

  • Decisions

  • Bills

Detailed example

Suppose:
Border conflict situation.

President asks PM:
“What actions govt has taken?”

PM must explain fully.

This ensures President is informed head.


(h) President can require PM to place minister’s decision before Council of Ministers

Sometimes one minister may take decision alone without Cabinet discussion.

President can say:
“Put this matter before full Council.”

Detailed example

Environment Minister alone approves major mining policy.

President feels issue is important.

President asks PM:
“Place this before Cabinet.”

Now full Council discusses.

So President ensures collective responsibility.


(i) President can appoint Commission for Backward Classes

President can create commission to study conditions of socially and educationally backward classes.

Detailed example

Govt wants to study OBC conditions.

President appoints commission:

Example: Mandal Commission.

Commission studies:

  • Social status

  • Education level

  • Representation

Gives report to President.


(j) President can appoint Inter-State Council

India has Centre and States → disputes may arise.

President can create council for:

  • Centre–State cooperation

  • State–State coordination

Detailed example

River water dispute between two states.

Inter-State Council meeting called.

States + Centre discuss.

Council exists under President’s authority.


(k) President administers Union Territories through Administrators

Union Territories are not states.

So they are governed directly by Union Government in President’s name.

President appoints:

  • Administrator

  • Lieutenant Governor

Detailed example

Delhi has LG.

LG acts in name of President.

So legally:
Delhi administration = President’s administration.


(l) President can declare Scheduled Areas & administer Tribal Areas

Some tribal regions need protection.

President can:

  • Declare Scheduled Area

  • Make special administration rules

Detailed example

Tribal region in state identified.

President declares:
“Scheduled Area”

Now:

  • Special land protections

  • Tribal safeguards

  • Governor reports to President

So tribal administration linked to President.



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