Executive Powers of President

All Contracts and assurances of the property are made by the Government of India in Presidents name.
Further, president appoints the important members of the union government. They are as follows:
Prime Minister and Council of Ministers on advice of Prime Minister.

Chief Justice of India and Other Judges of Supreme Court on advice of the Chief Justice.

Chief Justice of High courts after consulting with Chief Justice of India and other Judges of the High Courts on advice
of Chief Justice of High Court.

Chairman of the Union Public Service Commission.

Other members of the Union Public Service Commission.

Attorney General of India.

Comptroller and Auditor General of India

Chief Election Commissioner.

Other members of the Election Commission.

Governors of states (Please note that advice of chief Ministers is not sought for appointment of Governors)

Ambassadors and High Commissioners.

Finance Commission members.

National Commission for SC/ ST members & Chairmen.

Administrator of the Union territories. (Administrators of Andaman and Nicobar Islands, Delhi and Puducherry are
designated as Lieutenant Governors. The Governor of Punjab is concurrently the Administrator of Chandigarh. The
Administrator of Dadra and Nagar Haveli is concurrently the Administrator of Daman and Diu. Lakshadweep has a
separate Administrator)
The president must exercise powers according to the constituent. Article 53(1) which vests the executive
power of the union in the president provides that the power may be exercised by the president either
directly or through officers subordinates to him. For this purpose, ministers are deemed to be officers
subordinate to him.
Confidential Relation between President and Council of Ministers

Then the Article 74 (1) provides that there shall be a council of ministers with prime minister at the head,
to aid the advice president in exercise of his functions. Article 74 (2) lays that question whether any, and if
so, what advice was tendered by minister to the president shall not be inquired into in any court. Thus,
relation between president and council of ministers are confidential.
Real Executive Power in Council of Ministers
The executive powers vested in the president have to be exercised in accordance with the advice of the
Council of Minister as per Article 74(1). This provision was implicit but was made explicit and obligatory
for the president via Constitution 42nd amendment act 1976. Later the 44 th amendment act gave him the
power to send back advice received from council of Ministers to reconsider. At present, the president exercises
the executive powers as per the advice of the Council of the Ministers. However, he has the power to send back
the advice to council of Ministers for reconsideration. If the council of Ministers adheres to the previous
advice, the president has to act as per this advice. So, Council of Ministers exercises the real executive power
in the name of the president. All executive decisions are taken in the name of the President (Article 77).
Discretionary Powers of the President: Critical Analysis

The role of the president in Indian polity as a figurehead is reflected in his indirect election. Further, the
constitution nowhere uses the terms like Discretion and individual judgement for the president which
were used for the governor-general under the government of India act, 1935. Except in certain marginal
cases, president shall have no power to act in his discretion in any case:
 Indias Council of ministers is responsible to Lok Sabha. If the president ignores the advice of ministers
enjoying the confidence in Lok Sabha, it may resign and thus create a constitutional crisis. So, it is
obligatory on the president to have always a council of ministers.
If he dismisses any ministry having support of Lok Sabha, they may bring impeachment proceeding
against him. This serves as a deterrent against the president assuming real powers
In the appointment of prime minister, the presidents discretion is limited. Thus when a single party gains
an absolute majority and has an accepted leader, presidents choice of selecting prime minister is a mere
formality, similarly, if on the death or resignation of a prime minister , the ruling party elects a new leader,
president has no choice but to appoint him as prime minister.
However, if no single party gains majority and a coalition government is to be formed, president can
exercise a little discretion and select the leader of any party who, in his opinion, can form a stable ministry.
However, even in such a situation, his action should be guided by certain conventions. President may first
invite a person and appoint him the prime minister and then ask him to prove his majority or seek a vote
of confidence in the Lok Sabha within a reasonable time.
The individual ministers hold the office during the pleasure of the president, but president is bound to
exercise his pleasure in accordance with prime minister s advice. Thus, it is a power of prime minister
against his (Undesirable) colleagues.
So long as prime minister and his cabinet enjoy confidence, the president is bound to dissolve Lok Sabha
only when advised by prime minister. But, this advice will not be binding on the president, when prime
minister loses his majority or unable to prove his majority or a vote of non-confidence passed against him
or when he is not facing the parliament, but president has proof that ruling does not have a majority. In
such circumstances, the president must try to find out whether any alternative ministry can be possible.
He should make all possible efforts to avoid a mid-term poll.
Article 78 provides that it shall be the duty of prime minister to communicate to the president all
decisions of council of ministers relating to administration of affairs of union and proposals for
legislation; to furnish such information relating to administration as president may call for; and if the
president so requires to submit for the consideration of council of ministers any matters on whichs
decision has been taken by a minister but which has not been considered by the cabinet.
The president has a right to know what his government is doing or proposes to do. But the question how
much information is to be furnished by prime minister to the president is his prerogative. This should be
a matter to be resolved by mutual confidence and cooperation between the two.
Thus, India has a president but not a presidential form of government, as found in America. The American
president is the real executive head and is directly responsible to the people, who elect president. American
president is the chief head of executive, and administration is vested in him, and he appoint members of
cabinet who are responsible to him. While, Indian president is head of the state but not the real executive.
He represents the nation but does not rule the nation, as India has a Parliament system of government.
Is President a Puppet?

It is submitted that it would have never been the intention of the framers of constitution to make the
president a puppet or a passive spectator. In view of the oath taken by the President to preserve,
protect and defend the constitution and law, and that.. devote myself to the service of people of India,
President is duty bound to advice to guide and exert his influence on decisions taken by the prime
minister. Thus the president can exercise a persuasive influence. His role is at best advisory.
Is President a Rubber Stamp?

Article 77 expressly mentions that all executive actions of the Government of India shall be expressed to be taken in the name of the president. This article provides
that the orders and other instruments shall be authenticated in such a manner as may be specified in rules by the president. But the rules made by the President do
NOT require the president to act ONLY through the Ministers. It expressly mentions that the President is not a Rubber stamp.

Duties of Prime Minister towards President?

Article 78 deals with the duties of the Prime Minister towards the President of India. The duties of the Prime Minister towards President are:
 To communicate to the President all decisions of the Council of Ministers Regarding the administration and legislation of India.

To furnish such information as the President may call for.

To submit for the Consideration of the Council of Ministers as desired by the President.

Is Presidential Office superfluous?

Weak position of president doesnt mean that his office is superfluous. President of India is the symbol of
Indian national unity. Being impartial and above the party politics, he exerts his influence on the decisions
of prime minister. The influence, however, will depend on his sterling character, magnetic personality and
selfless devotion to the nation.
Mr. Nehru the first prime minister of the country observed: We want to emphasise the ministerial character
of the government and that power really resided in the ministry and in the legislature and not in the president.
At the same time, we did not want to make the president just a mere figurehead.. we did not give him any
real power but we have made his position one of the great authority and dignity. He is also the commander-
in-chief of the defence forces.
Indian constitution envisages not a dictatorial but a democratic president who was uses his judgement to
keep the democratic and representative government functioning and not to thwart or to subvert the
same.
President R. Venkataraman in his autobiography has expressed the view that advice of the cabinet violative
of the constitutional provisions is not binding on the president. He meant that recommendations of the
cabinet violative of the provisions of the constitution could be legally and constitutionally stalled by the
president.
The president of India, executive head, is many a times considered to be a rubber
stamp, because of the fact that, time and again it has been seen that though he has
been appointed as head but his powers are virtual,in the sense that they are restricted.
Let's have a look at the constitutional provisions and decided cases.
Art 52-61 talks about various provision wrt appointment, powers, impeachment etc.
But if we look closely, following are points of real contention
1.art. 74 (1) asks for appointment of COM,which is to aid and advice the president.
2.art 74( 2) asks ,that aid and advice is not subject to any judicial enquiry, infact no court
can even assk for its records.
* Thus making relationship between president and com very confidential.
* Then came 42nd amendment, which made the aid and advice compulsory to be
complied with by the president.
*44th amendment, made a provision that president can send the advice back for
reconsideration, but after that he is bound to comply with it.
#if we look broadly, we can see that PM, head of all ministers is actually the one taking
all the decisions, in the sense that once his cabinet approves the President had to
comply to the same
BUT, POCKET veto and Other types of VETO POWERS grants him an Immunity from
the totalitarian nature of COM.
Similarly, the PARDONING powers were vested at President's descrition, but again
regulated by COM.

Still restricted to bills. That pres. For Indefinite period can withhold any bill, practiced by
mail Singh, fir the first time, later many times when Presidents returned the bill they had
to go with the aid and advice and the second time.
In cases like
U N RAO v/s. Indira Gandhi and Bejoy laxmi mills case it has been held that President is
bound by the art. 74 and actually the court have given they statements that actual
powers of the President are indeed carried out by COM only.
The president of India, is the executive Head of the state i.e. all the executive actions
take place in his name but many a times considered to be a weak in power, because of
the fact that, he is Nominal head as per the parliamentary form of government which
prevails in India as held by S.C. in Ram Jawaya case 1955.

The position of president is described in constitution as under-

Art. 74 asks for appointment of COM, which is to aid and advice the president.
However with 42nd Amendment 1976, Art 74 bound the President to the advice of COM,
But with 44th amendment 1978, Art 74 (1) made a provision that president can send the
advice back for reconsideration, but after that he is bound to comply with it.

Broadly, we can see that PM, head of all ministers is actually the one taking all the
decisions, in the sense that once his cabinet approves the President had to comply to
the same

President of India is the symbol of Indian national unity. Being impartial and above the party politics, he
also many times influence the decisions of prime minister with moral suasion or using his VETO like Pocket
VETO etc.
Eg- Giani Zail Singh did not give his assent to Post office amendment Bill (1986) ,
K.R. narayanan returned decision of U.P. emergency (1997) etc

Hence the Position of President will depend on his sterling character, magnetic personality and selfless
devotion to the nation.