2.6.1. Executive Powers

Article 53(1) provides that executive powers can be exercised by the President either (i) directly

or (ii) through officers subordinated to him.

Here, the ‘officers subordinated to him’ include the Council of Ministers.

Notably, the Article needs to be read together with Article 74, which provides that:

There shall be a Council of Ministers, with the Prime Minister as its head, to aid and advice the President.

Here the word “shall” means that the Constitution doesn’t envisage a situation wherein the President can act without the aid and advice of the Council of Ministers. In case, the government has lost majority, the President is to constitute a caretaker government. Invariably, he asks the incumbent government to continue to hold office, until the next government is formed.

♤ He appoints the Prime Minister and other ministers; and they hold office during his pleasure.

♤ He appoints the Attorney General of India and determines his remuneration. He too holds office during the pleasure of the President.

The President also appoints the following:

o Comptroller and Auditor General of India

o Chief Election Commissioner and other Election Commissioners

o Chairman and Members of the UPSC

o Governors of the States

o Chairman and the members of the Finance Commission

o Judges of High Courts and Supreme Court

In making some of the appointments, the President is required by the Constitution to consult persons other than the ministers as well. Thus, in appointing the Judges of the Supreme Court the President shall consult the Chief Justice of India and such other Judges of the Supreme Court and of the High Courts as he may deem necessary [Art 124(2)].

Moreover, besides the power of appointing the above specified functionaries, the Indian Constitution does not vest in the President any absolute power to appoint inferior officers of the Union as is to be found in the American Constitution. The Indian Constitution thus seeks to avoid the undesirable ‘spoils system’ of America. Rather it makes the ‘Union Public Services and the Union Public Service Commission’ –a legislative subject for the Union Parliament, and by making it obligatory on the part of the President to consult the Public Service Commission in matters relating to appointment [Art. 320(3)], except in certain specified cases.

♤ The President can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister.

♤ He can require the Prime Minister to submit, for consideration of the Council of Ministers (CoM), any matter on which a decision has been taken by a minister, but which has not been considered by the CoM.

♤ He can appoint a commission to investigate into the conditions of SCs, STs and other backward classes.

♤ He can appoint an inter-state council to promote Centre-state and inter-state cooperation.

♤ He directly administers the Union Territories through administrators appointed by him.