Question

what are the executive powers of President tell fast

Answer 1

10 Executive Powers of the President of India

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Article 53 vests powers in the President who carries out the business of government or affairs of state excepting functions, which are vested by the Constitution in any other authority.

This ambit of the executive power has been expanded by the Supreme Court:

The executive function comprises both the determination of the policy as well as carrying in into execution, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact, the carrying on or supervision of the general administration of the State. But, there are several constitutional limitations under which he has to exercise his executive powers. He must exercise these powers according to the Constitution which requires that ministers (other than the Prime Minister) can be appointed by the President only on the advise of the Prime Minister.

If the President violates any of the mandatory provisions of the Constitution, he can be removed by the process of impeachment. The executive powers are exercised by the President in accordance with the advise of his council of ministers. Prior to 1976, he was not bound to act in accordance with the advice tendered by the council of ministers.

The 42nd Amendment Act, 1976 has amended Article 74(1) as under:

There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

The word ‘shall’ makes it obligatory for the President to act in accordance with ministerial advice.

But the 44th Amendment Act added a Proviso to Article 74(1) which says:

Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise and the President shall act in accordance with the advice tendered after such reconsideration. The net result after the 44th Amendment, therefore, is that except in certain marginal cases referred to by the Supreme Court, the President shall have no power to act in his discretion. If the council of ministers adheres to their previous advice, the President shall have no option but to act in accordance with such advice. The power to return for reconsideration can be exercised only once, on the same matter.

The various powers that are included within the comprehensive expression ‘executive power’ can be classified as under:

1. Powers Pertaining to Administration:

Not being a real head of the executive like the American President, the Indian President does not have any administrative function to discharge nor does he has the power of control and supervision over the departments of the government. The various departments of government of the Union are carried on under the control of the respective ministers and the President remains the formal head of the administration.

All executive action of the Union is taken in the name of the President. Though, he is not the ‘real’ head of the administration, all officers of the Union are his ‘subordi­nates’ and he has a right to be informed about the affairs of the government. The administrative power also includes the power to appoint and remove the high dignitaries of the state. In making appointments, the President is required to consult persons other than his 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.

The President also has the power to remove:

(i) His ministers, individually;

(ii) The Attorney-General of India;

(iii) The Governor of a state;

(iv) The chairman or a member of the Public Service Commission of the Union or of a state on the report of the Supreme Court;

(v) A judge of the Supreme Court or of a High Court or the Election Commissione

Answer 2

Hey friend,

Here's your answer,



FOLLOWING ARE THE EXECUTIVE POWERS OF THE PRESIDENT :


1. The president of India is nominal head of executive and all contracts and bills of the property are made by the Government of India in the name of the President.

2. Prime Minister and the Council of Ministers are appointed by the President of India.

3. The Chief Justice of India is appointed by the President of India.

4. The President appoints the members of the Rajya Sabha .

5. A bill can only become a law if it is signed by the President of India.


Hope this helps!!!