The President of India, as the ceremonial head of state, wields significant executive powers defined by the Constitution. These powers, exercised in accordance with constitutional provisions and judicial interpretations, are crucial for the nation’s governance.

MEANING, DEFINITION & EXPLANATION

Article 53 of the Indian Constitution stipulates that the executive power of the Union is vested in the President, exercisable directly or through subordinate officers, in accordance with the Constitution. This encompasses the authority to implement laws, manage national affairs, and oversee the functioning of the central government. However, the President typically acts on the aid and advice of the Council of Ministers, led by the Prime Minister, as mandated by Article 74(1). The 42nd Amendment (1976) made it explicit that the President shall act in accordance with such advice, and the 44th Amendment (1978) added that the President may require the Council of Ministers to reconsider such advice but must act in accordance with the advice tendered after such reconsideration.

HISTORICAL BACKGROUND / EVOLUTION

The framers of the Indian Constitution adopted the parliamentary system from Britain, designating the President as the constitutional head, akin to the British monarch. This structure ensures a balance between ceremonial duties and actual governance, which is conducted by the elected Council of Ministers. Over time, constitutional amendments and judicial interpretations have refined the President’s role, emphasizing the importance of acting on ministerial advice while retaining certain discretionary powers.

COMPARISON WITH OTHER COUNTRIES

In contrast to the Indian system, where the President’s role is largely ceremonial, countries like the United States vest substantial executive authority in the President, who serves as both the head of state and government. This presidential system centralizes executive power, differing from India’s parliamentary framework that separates the head of state from the head of government.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

The President’s executive powers encompass several key functions:

• Appointment Powers:

  • Appoints the Prime Minister and, on their advice, other ministers.
  • Appoints judges of the Supreme Court and High Courts, governors of states, the Attorney General, and other key officials.

• Military Powers:

  • Serves as the Supreme Commander of the Armed Forces, with the authority to declare war and conclude peace, subject to parliamentary approval.

• Diplomatic Powers:

  • Represents India in international forums, appoints ambassadors, and receives foreign dignitaries.

• Ordinance-Making Power:

  • Under Article 123, can promulgate ordinances when Parliament is not in session, which must be approved by Parliament within six weeks of reassembly.

• Emergency Powers:

  • Can declare national, state, and financial emergencies under Articles 352, 356, and 360, respectively, with varying conditions and parliamentary oversight.

CASE LAWS / PRECEDENTS

• Ram Jawaya Kapur v. State of Punjab (1955):

  • Facts: The Punjab government engaged in the business of printing and selling textbooks without legislative authorization.
  • Issue: Whether the executive could undertake trade without legislative sanction.
  • Held: The Supreme Court held that while the executive power is vested in the President, real authority is exercised by the Council of Ministers. The executive can undertake actions without prior legislative approval unless prohibited by law.

• S.R. Bommai v. Union of India (1994):

  • Facts: The central government dismissed several state governments under Article 356, citing failure of constitutional machinery.
  • Issue: The extent and justiciability of the President’s power under Article 356.
  • Held: The Supreme Court ruled that the President’s proclamation under Article 356 is subject to judicial review. The Court can examine whether the material behind the proclamation is relevant and not based on extraneous grounds. This judgment curtailed the arbitrary use of Article 356, emphasizing federalism and the democratic process.

• Shamsher Singh v. State of Punjab (1974):

  • Facts: The appellant challenged the validity of disciplinary actions taken by the Punjab government, arguing they were not personally approved by the Governor.
  • Issue: Whether the Governor or President must personally exercise executive functions.
  • Held: The Supreme Court clarified that the President and Governors are constitutional heads and must act on the aid and advice of their respective Councils of Ministers, except in matters where discretion is granted by the Constitution.

DOCTRINES / THEORIES

• Doctrine of Aid and Advice:

  • This principle mandates that the President exercises executive powers based on the aid and advice of the Council of Ministers. The 42nd and 44th Constitutional Amendments have reinforced this doctrine, ensuring parliamentary supremacy and democratic governance.

• Doctrine of Judicial Review:

  • The judiciary holds the authority to review the President’s actions, especially concerning the proclamation of emergencies, to ensure they align with constitutional provisions. This serves as a check against potential misuse of executive powers.

MAXIMS / PRINCIPLES

• “Nemo judex in causa sua”:
  • Translates to “no one should be a judge in their own cause.” This principle underscores the importance of unbiased decision-making, relevant when the President acts on ministerial advice to prevent conflicts of interest.