Executive Powers of the President


The President is head of State and executive powers of the Union have been vested in him.

The President is empowered to exercise these powers either directly or through officers subordinate to him, which means through the Prime Minister and Council of Ministers also.

Executive powers of the President are given below

The President appoints the Chief Justice and other judges of the Supreme Court and High Courts.

However, in all judicial appointments, the Chief Justice of India is consulted.

Besides the President may also consult such other judges of the Supreme Court as the President may be deemed necessary.

While appointing Chief Justice and justices of High Courts the President has to consult the State Governor also.

In the appointment of High Court judges, the President also consults the Chief Justice of the State.

But now in accordance with the 1993 decision of the Supreme Court as reinterpreted in 1999 the President is bound by the recommendations of a panel of senior most judges of the Supreme Court in matters of all judicial appointments.

This panel headed by the Chief Justice is known as the collegium of the Supreme Court.

The President appoints the Attorney General, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of Union Public Service Commission (U.P.S.C.).

He/she also appoints the Governors of States and Lt. Governors of Union Territories.

He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.

All such appointments are made on the advice of the Union Cabinet headed by the Prime Minister.

The President is the Supreme Commander of the armed forces. As such, the President makes appointments of Chiefs of Army, Navy, and Air Force.

The President can declare war and make peace.

In his/her capacity as head of state, the President conducts the country’s foreign affairs.

The President appoints India’s ambassadors and high commissioners in other countries; and the President receives foreign ambassadors and high commissioners.

All diplomatic work is conducted in his/her name (by the foreign office and Indian envoys abroad), and all international treaties are negotiated and concluded in his/her name.

All laws enacted by the Union Parliament are enforced by him/her.

All officials appointed by him/her (such as Governors and Ambassadors) may be removed or recalled by him/ her, on the advice of the Union Council of Ministers.

All the functions are performed by the President on the advice of the Prime Minister.

All decisions of the Union Government are communicated to him/her by the Prime Minister.

The President can ask the Prime Minister only once to have a recommendation of the executive reconsidered by the Cabinet.

The President can also refer a minister’s decision to the Cabinet for its consideration.

The President cannot seek a second reconsideration.

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.