The executive powers of the President of India are outlined in the Constitution of India under various articles, primarily in Part V (The Union) and Part XVIII (Emergency Provisions).
1. Appointment and Removal Powers:
- The President of India has the power to appoint various high-ranking officials, including the Prime Minister, judges of the Supreme Court and High Courts, the Attorney General, the Comptroller and Auditor General, and the Chief Election Commissioner.
- The President also has the power to remove certain officials, but usually, this is done on the advice of the Prime Minister or the relevant constitutional body.
2. Commander-in-Chief:
- Similar to many other presidential systems, the President of India is the Supreme Commander of the Indian Armed Forces.
3. Diplomatic Powers:
- The President represents India in matters of international relations. While the day-to-day diplomacy is handled by the Prime Minister and the Ministry of External Affairs, the President’s approval is required for the ratification of treaties and international agreements.
4. Executive Orders:
- The President has the power to issue executive orders for the implementation of laws and policies. These orders, however, must be in line with the Constitution and laws of the country.
5. Pardoning Power:
- The President has the authority to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense. This power is exercised in consultation with the Council of Ministers.
6. Legislative Powers:
- While the President of India does not have an active role in lawmaking, certain legislative functions require the President’s approval, such as assenting to bills, promulgating ordinances when Parliament is not in session, and summoning and proroguing sessions of Parliament.
7. Administrative Agencies Oversight:
- The President has the power to appoint the Governors of states and administrators of Union Territories. The President can also dismiss Governors and dissolve state governments under specific circumstances.
8. Emergency Powers:
- In times of emergency, the President has extensive powers under Article 352 (national emergency), Article 356 (President’s Rule in states), and Article 360 (financial emergency).
9. Council of Ministers:
- The President appoints the Prime Minister and other members of the Council of Ministers. While the President has the power to appoint the Prime Minister, it is a ceremonial duty, and the President usually appoints the leader of the majority party in the Lok Sabha.
10. Constitutional Discretion:
- The President may have certain discretionary powers in specific situations, where the Constitution does not prescribe a specific course of action.
11. State of the Union Address:
- The President addresses both Houses of Parliament at the beginning of each session and presents the government’s policies and programs.
12. Appointment of Judges:
- The President appoints judges of the Supreme Court and High Courts in consultation with the Chief Justice of India and other judges.
13. Defending the Constitution:
- The President takes an oath to preserve, protect, and defend the Constitution and the law. This underscores the commitment to upholding the constitutional principles.
It’s important to note that the President’s executive powers are exercised within the framework of the parliamentary system, where the Council of Ministers headed by the Prime Minister is responsible for governance. The President’s role is largely ceremonial, and executive actions are taken on the advice of the Council of Ministers. The President’s powers are subject to constitutional checks and balances to prevent the arbitrary use of authority.
