THE EXECUTIVE POWER OF THE PRESIDENT IN INDIA: A CLOSER LOOK

ABSTRACT

The executive power of the President in India holds a unique position within the country’s constitutional framework, embodying a delicate balance between ceremonial representation and functional authority. This article delves deep into the multifaceted nature of the President’s executive powers, shedding light on their scope, the limitations that are intrinsic to a parliamentary democracy, and the significance of this authority in the broader context of democratic governance. By examining how the President’s role interacts with India’s constitutional provisions, the article illuminates the nuanced role that this office plays in shaping the country’s political landscape. Through an exploration of legal provisions, and practical applications, this article presents a comprehensive understanding of the executive power wielded by the President, highlighting its intricate ties to the principles of democratic representation and accountability. Ultimately, the article underscores the importance of appreciating the interplay between ceremonial symbolism and functional responsibility in comprehending the President’s executive power within the intricate tapestry of India’s constitutional democracy.

Keywords: Democratic Representation, Accountability, Comprehensive Understanding, Limitations

INTRODUCTION

The President of India is the ceremonial head of state and the highest constitutional authority in the country. The position of President is established under Part V of the Constitution of India, specifically Articles 52 to 78. Here are some key aspects of the President of India:

Election and Term: The President is elected by an Electoral College consisting of the elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the Legislative Assemblies of the States. The term of the President is five years, and they can be re-elected for a maximum of two terms.[1]
Qualifications: To be eligible for the office of President, a person must be a citizen of India, at least 35 years of age, and qualified for election as a member of the Lok Sabha.
Powers and Functions: The President of India has both executive and ceremonial roles. Some of their key powers and functions include:
1. Appointment and Removal: The President appoints the Prime Minister, Council of Ministers, Governors of States, Judges of the Supreme Court and High Courts, and other key officials.
1. Legislative Powers: The President summons and prorogues sessions of Parliament, addresses both houses, and gives assent to bills passed by Parliament, turning them into law.
1. Diplomatic Powers: The President represents India in international relations, appoints ambassadors and high commissioners, and receives foreign envoys.
1. Judicial Powers: The President has the power to grant pardons, reprieves, and remissions of punishment, and can seek advice from the Supreme Court on legal matters.
1. Emergency Powers: During times of emergency, the President can declare a state of emergency, suspend fundamental rights, and exercise certain emergency powers.
1. Role in Financial Matters: The President presents the annual budget, addresses financial matters, and gives assent to all money bills.
Role within the Constitutional Framework: The President serves as a guardian of the Constitution, ensuring that the government’s actions are in accordance with constitutional principles. They act on the advice of the Council of Ministers, led by the Prime Minister, but also exercise independent judgment in certain matters.
Impeachment: The President can be impeached by a special majority in Parliament for violation of the Constitution. The process for impeachment is detailed in Article 61 of the Constitution.

The executive power of the President of India is a key element of the country’s political system. Recognized as the head of state, the President’s executive authority is bestowed by the Constitution of India. This authority empowers the President to exercise control over the governance and administration of the Union. This article aims to introduce the executive power of the President, highlighting its significance and the constitutional basis for its exercise. As per Article 53 of the Constitution of India, the executive power of the Union is vested in the President.[2] This provision establishes the President as the highest executive authority and grants them the power to lead and direct the executive machinery of the country. The President exercises this power either directly or through officers’ subordinate to them, such as the Prime Minister, the Council of Ministers, and other officials. The executive power of the President encompasses a wide range of responsibilities and functions. These include the appointment and removal of high-ranking officials, promulgation of ordinances, granting pardons and reprieves, and representation in international affairs. Additionally, the President plays a significant role in the legislative process, including summoning and proroguing sessions of Parliament and giving assent to bills passed by the Parliament. The executive power of the President is a vital element of India’s governance structure and ensures the smooth functioning of the executive branch. It facilitates the effective execution of policies and decisions in line with the broader constitutional framework. The President’s authority is not absolute, and it is subject to constitutional limitations and the principles of democracy and constitutionalism. The President exercises their executive power in consultation with the Council of Ministers, who are collectively responsible to the elected representatives of the people in the Parliament.

CONSTITUTIONAL FRAMEWORK

Article 52—There shall be a President of India.[3]

This article states that there shall be a President of India who shall be the head of state and exercise the powers and perform the duties conferred by the Constitution.

Article 53 —

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers’ subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall—

(a) be deemed to transfer to the President any functions conferred by any existing law on the

Government of any State or other authority; or

(b) prevent Parliament from conferring by law functions on authorities other than the President.[4]

Article 54: This article explains the method of election of the President. The President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the Legislative Assemblies of the States

Article 55: This article lays down the qualifications for becoming the President. The person aspiring to be the President must be a citizen of India, must have completed the age of 35 years, and must fulfil other qualifications as prescribed by law.

Article 56: This article deals with the term of office of the President. The President holds office for a term of five years.[5] However, he/she is eligible for re-election for a second term.

Article 57: This article explains the eligibility for re-election as President. A person who has held office as President for two consecutive terms shall not be eligible for re-election as President.

Article 58: This article describes the conditions of the President’s office. The President shall not hold any other office of profit, and the emoluments and allowances of the President shall be determined by Parliament.

Article 59: This article outlines the manner of election of the Vice-President. The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament.

Article 60: This article explains the functions of the President during the temporary absence or incapacity of the Vice-President.

Article 61: This article deals with the procedure for the impeachment of the President. The President can be impeached for violation of the Constitution, but such a process requires a special majority and specific grounds as prescribed in the Constitution.

Articles 62 to 69: These articles elaborate on the process and grounds for the removal of the President from office.

Articles 70 to 78: These articles mention various powers and functions of the President, including the power to grant pardons, suspend, remit or commute sentences, and the power to promulgate ordinances.

These articles collectively provide the Constitutional basis for the role, powers, and functions of the President of India. They ensure that the President performs the duties in accordance with the principles of the Constitution and acts as the guardian of the Constitution.

EXECUTIVE POWERS

Article 53 states that the executive powers of the Union shall be vested in the President. This means that the President is the highest authority in the executive branch of the Indian government and holds the ultimate decision-making power in certain matters. The executive powers of the President encompass a wide range of areas, including appointment and removal of high-ranking officials, making key appointments such as the Chief Justice of India and Governors of States, and representing India in international affairs. The President also has the power to promulgate ordinances during the recess of Parliament, to meet unforeseen circumstances that require immediate attention. However, while the President holds these executive powers, they are exercised in accordance with the provisions of the Constitution and on the advice of the Council of Ministers. The President is not free to exercise executive authority independently but acts on the aid and advice of the Council of Ministers, headed by the Prime Minister. The advice rendered by the Council of Ministers to the President acts as a check on the executive powers and ensures that the decisions and actions of the President are in line with the policies and objectives of the government. This concept is known as the principle of collective responsibility, where the Council of Ministers is collectively responsible to the Parliament for their advice and actions. It is important to note that while the President acts on the advice of the Council of Ministers, there are certain exceptional situations where the President can exercise discretion. For example, in the appointment of the Prime Minister, the President can exercise independent judgment if no single political party or coalition has a clear majority in the Lok Sabha. However, such instances of discretion are rare and are guided by the principles of democracy and constitutional norms.

In summary, Article 53 allocates the executive powers of the Union to the President of India. Although the President holds significant decision-making authority, these powers are exercised on the advice of the Council of Ministers. The President acts as the head of the executive branch, ensuring that the government functions within the framework of the Constitution and the policies approved by the Council of Ministers.

Some of the executive powers are:

Appointment of Prime Minister: After a general election, the President invites the leader of the majority party or coalition to form the government and become the Prime Minister. This is a crucial executive power exercised by the President, although it is guided by the political realities of the parliamentary system.
Council of Ministers: While the President’s role in the Council of Ministers is symbolic, they do play a role in the appointment and dismissal of ministers, which includes signing orders related to their appointments and resignations.
Dissolution of the Lok Sabha: The President has the power to dissolve the lower house of Parliament, the Lok Sabha, on the advice of the Prime Minister. However, this power is limited by the fact that dissolution cannot occur within the first year of its formation or within a year of the last dissolution.
Ordinance-Making Power: The President can promulgate ordinances when Parliament is not in session. These ordinances have the same force as a law passed by the Parliament, but they must be approved by the Parliament within a specified period.
Veto Power: The President has a suspensive veto, meaning they can return a non-money bill for reconsideration. However, if the bill is sent back to the President with the Parliament’s approval, the President must give assent.
Emergency Powers: In times of national crisis, the President can declare three types of emergencies: National Emergency, State Emergency (President’s Rule), and Financial Emergency. These provisions provide the President with extensive powers to exercise executive authority in exceptional circumstances.
Pardoning Power: The President has the power to grant pardons, reprieves, respites, or remissions of punishment to individuals convicted of certain offenses.[6]

These discretionary powers provide independent decision-making authority to the President. However, it should be noted that the exercise of these powers is subject to constitutional limitations and is guided by conventions and established norms.

It is important to emphasize that while the President holds significant executive powers, they are primarily exercised on the aid and advice of the Council of Ministers, ensuring the principles of parliamentary democracy and collective responsibility.

LMITATION OF THE POWERS:

While the President of India holds significant executive powers, these powers are subject to certain limitations imposed by the Constitution. Here are some key limitations on the executive power of the President:

Constitutional Provisions: The exercise of executive powers by the President must be in accordance with the provisions of the Constitution. The President cannot act in a manner that goes against the principles and provisions enshrined in the Constitution.
Advice of the Council of Ministers: In most cases, the President is bound to act on the advice of the Council of Ministers. The President’s executive powers are exercised on the aid and advice of the Council of Ministers, and deviation from their advice is not permissible.
Collective Responsibility: The decisions and actions of the President in the exercise of executive powers are subject to the principle of collective responsibility. The Council of Ministers is collectively responsible to the Parliament for their advice and actions, which means that the President cannot act unilaterally and must work in consonance with the government’s policies.
Judicial Review: The exercise of executive powers by the President is subject to judicial review. If any action or decision of the President is believed to be unconstitutional or ultra vires, it can be challenged in a court of law, including the Supreme Court of India. The courts have the power to review and strike down any executive action that is found to be in violation of the Constitution.
Council of Minister’s Responsibility: The President’s executive powers are exercised on the advice of the Council of Ministers, and the responsibility for those decisions lies with the Council of Ministers. This means that if an action by the President is later found to be inappropriate or unconstitutional, the Council of Ministers is responsible for it rather than the President personally.
Advice of the Prime Minister: In certain situations, such as the appointment of the Prime Minister and the formation of the government, the President has a limited or no choice but to act on the advice of the Prime Minister. The President’s power to exercise discretion in such situations is limited by constitutional provisions and conventions.

These limitations ensure that the President’s exercise of executive powers remains within the framework of the Constitution and safeguards the democratic functioning of the government. They prevent the President from acting arbitrarily or independently without regard to the Constitution and the advice of the Council of Ministers.

SIGNIFICANCE OF THE POWERS

The executive powers vested in the President of India hold significant significance in the functioning of the government and the democratic system. Here are some key reasons for the significance of these powers:

Balance of Power: The executive powers of the President help in maintaining the balance of power among the three branches of the government – the executive, the legislature, and the judiciary. The President acts as a check on the powers of the government and ensures that the executive branch functions within the limits defined by the Constitution.
Symbolic Head of State: The President acts as the ceremonial head of the country and represents the nation on both domestic and international platforms. The executive powers of the President enable them to perform their symbolic role effectively, enhancing the dignity and prestige of the nation.
Constitutional Guardian: The President acts as the guardian of the Constitution and ensures that the government in power adheres to the principles and provisions laid down in the Constitution. The exercise of executive powers by the President is aimed at maintaining constitutional integrity and upholding the rule of law.
Promoting Stability: The President’s executive powers play a crucial role in promoting stability and continuity in governance. The President’s involvement in appointments to key positions, including judges, governors, and ambassadors, helps in ensuring a stable administration that functions effectively.
Protecting Individual Liberties: The discretionary powers of the President, particularly in matters related to pardons and reprieves, serve as a safeguard against injustice and protect individual liberties. The President can exercise these powers to grant relief in cases where there may be potential injustices or errors in the application of the law.
Crisis Management: The executive powers of the President empower them to act swiftly in times of national crises or emergencies. The President’s ability to issue ordinances when Parliament is not in session allows for immediate action to be taken in urgent situations, ensuring the smooth functioning of the government.
Promoting Diplomatic Relations: The President’s powers in foreign affairs allow them to represent India in international forums, appoint ambassadors, and conclude treaties. These powers enhance India’s diplomatic relations and contribute to the country’s status and influence on the global stage.

In summary, the executive powers of the President are significant in maintaining the balance of power, upholding the Constitution, ensuring stability and continuity in governance, protecting individual liberties, managing crises, and promoting diplomatic relations. These powers help in the efficient functioning of the government and contribute to the democratic and constitutional fabric of India.

CONCLUSION

The role of the President in India’s democratic system is a blend of ceremonial and functional aspects, a delicate equilibrium that reflects the nation’s commitment to upholding democratic principles and ensuring effective governance. While the President’s executive powers might appear significant, they are circumscribed by constitutional checks and balances, as well as the dynamics of parliamentary democracy. This conclusion underscores the nuanced nature of the President’s executive power in India and the profound implications it holds for the country’s democratic fabric.

Ceremonial and Functional Roles: The President’s ceremonial role is evident in various state functions, such as the address to the nation on Republic Day, conferring awards and honours, and representing India on the international stage. These rituals uphold the dignity of the office and serve as symbolic reminders of India’s rich history and cultural diversity. In contrast, the President’s functional role is more pragmatic, involving the exercise of executive powers to facilitate the smooth functioning of the government. The President’s engagement with the Council of Ministers, the head of government, highlights the necessity of collaboration between the ceremonial head of state and the operational head of the government.

Constitutional Limitations: The Constitution of India delineates the boundaries within which the President operates. The President must exercise their executive powers based on the advice of the Council of Ministers, a practice known as “aid and advice.” This signifies that the decision-making power rests with the elected representatives, ensuring that executive decisions are rooted in the democratic will of the people. Additionally, the President’s ability to exercise discretion is limited in certain scenarios. For example, the President’s power to withhold assent to bills passed by the Parliament is not absolute. The requirement to act based on the advice of the Council of Ministers curtails the scope for arbitrary use of executive authority.

Parliamentary Democracy Dynamics: India’s parliamentary democracy places immense importance on the majority in the lower house, the Lok Sabha. The executive power of the President is intricately connected to the dynamics of political representation, as the President invites the leader of the majority party or coalition to form the government. This process underscores the primacy of the elected representatives in shaping the executive branch. The President’s interaction with the Council of Ministers also exemplifies the principle of collective responsibility. The Council of Ministers remains accountable to the Lok Sabha, and the President’s adherence to their advice solidifies the idea that executive decisions are a result of democratic consensus.

Democratic Governance Structure: The essence of the President’s executive power lies in its harmonization with India’s democratic governance structure. The President acts as a guardian of the Constitution, ensuring that executive actions align with the constitutional values of justice, liberty, and equality.

Understanding the interplay between the President’s executive power and the broader democratic context is pivotal for citizens, scholars, and policymakers alike. It reflects the nation’s commitment to a governance model that values representation, accountability, and the separation of powers. As India continues to evolve in the 21st century, this balance between the President’s ceremonial and functional roles will remain essential for fostering a robust and vibrant democratic society.

[1] Profile – The Union – Executive – Know India

https://knowindia.india.gov.in/profile/the-union/executive.php last seen on 14/0823

[2] https://www.toppr.com/ask/question/the-executive-power-is-vested-in-the-president-but-it-is-actually-used-by-him/ last seen on 14/08/23.

[3] Article 52, Constitution of India

[4] Article 53, Constitution of India

[5] https://www.clearias.com/president-of-india/ last seen on 10/080/23.

[6] https://brainly.in/question/57142529 last seen on 12/08/23.