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Functions & Powers of the President of India – Complete UPSC Notes

This topic explains the functions and powers of the President of India, covering both discretionary and constitutional powers, administrative processes, and the appointment procedures.

Functions and Powers of the President

Functions of the President

The President of India is the highest constitutional authority of the country. Hence he has multiple and diverse functions, roles and responsibilities which can be divided/justified into 10 categories. And further they can be reclassified as Discretionary and Constitutional.

Discretionary Powers (Only Three)

  1. Appointment of the Prime Minister
  2. Dissolution of Lok Sabha
  3. Terminations of the Council of Minister

In these three matters President may take decision based upon his reason will and intellect (स्वेच्छा और बुद्धि). He is not bound by advice of the Council of Ministers. He may take any independent decision other than the Council of Ministers or He may follow any time tested tradition or conventions, or He may take the opinion of legal or constitutional expert.

Constitutional Powers (Seven)

There are Seven Constitutional powers in which he is bound by the advice of Council of Ministers, and he does not have any right to take independent decision. These are:

  1. Administrative or Executive Powers
  2. Legislative Power
  3. Military Power
  4. Judiciary Power
  5. Financial Power
  6. Diplomatic Power
  7. Emergency Power

Powers of the President

Discretionary Powers

3

Constitutional Powers

7

Powers of the President

Appointment of Prime Minister

President R. Venkataraman in his book "My Presidential Year" had explained this process on the basis of which the president should be appointed, he write in order to avoid any controversy in appointment of Prime minister (P.M). President should invite the person appointment of P.M as follows:

  1. Leader of the largest majority party in Lok Sabha.
  2. Leader the largest coalition having majority in Lok Sabha (L.S). but this coalition must be formed before the Election.
  3. Leader of the largest coalition party having majority in the L.S having this coalition formed after the election.
  4. Leader of any political party who can give stable govt. & proved majority.
  5. If all these fail to take place then re-election.

Constitutional Powers of the President

Constitutional powers of the President are those in which he act only accordance with the advice of Council of Ministers (COM). He can not take any decision on his own. These are:-

  1. Administrative powers
  2. Legislative powers
  3. Financial Powers
  4. Judicial Powers
  5. Military Powers
  6. Diplomatic Powers
  7. Emergency Powers

In Administrative Powers

With the advice of Prime Minister, President appoint other ministers.

Coucil of Minister
Hierarchical Rank of Ministers

91st CAA 2003 → 15% of Lok Sabha → COM.

Coucil of Ministers (COM) is a large groups of Ministers which is comprised of all other ministers including Prime Minister. whereas Cabinet Ministers are senior most ministers having certain portfolios. for eg: Home, defence, Finance, Railway, Agriculture etc.

These ministers are the highest political executive in their ministries and take they take order directly & only from the P.M. In the Constitution the term 'Cabinet' has been used only first & for most time through 44th CAA.1978 whereas in other place in the constitution only the 'COM' termed are used.

If any minister 2nd rank ministers are appointed having no senior Cabinet Minister then they are known as State Minister Independent Charge (IC). And if there is a Senior Cabinet Minister then they are known as State Minister Subordinate [S.O].

The post of Deputy Minister is junior most who are usually those who are relatively young and have own the election 1st time. Hence this is the post of learning and training so that the newly appointed minister may come to know about Parliamentary affairs and other function of Govt.

Other Appointments Using Administrative Powers

President appoints the following using his administrative powers:

  1. President appoint Governors in the state.
  2. Lieutenant Governor in U.Ts (Union territory) like Delhi, Puducherry, Andaman & Nicobar.
  3. Appointment of Administrator in the U.Ts of Chandigarh, Dadar & Nagar Haveli, Lakshadweep, Daman & Diu.

* 5th Aug 2019, changing the provision of Art-370 J & K was changed to U.Ts and here L.Gt (Lieutenant Governor) are appointed

President has this right he may issue notification to constitute state Assembly/Legislative Assembly in the U.Ts provided that such law has been passed by the Parliament. and Chief Minister (C.M) and COM can also be appointed.

For eg: In Delhi & Puducherry U.Ts, C.M & COM and the legislative Assembly has been formed

In India the Govt. of India Joint Secretary & other Senior Officers are appointed by president.

Apart from that using administrative powers president appoints many types of Council & Commission.

For eg: Inter state Council, Interstate Commerce council, National Integration Council, Niti Ayog, and NHRC, CIC & FC (Finance Commission) etc.

Important Terms

  • 📌 Interim govt.
  • 📌 Caretaker govt.
  • 📌 Kitchen Cabinet
  • 📌 Patticot Cabinet (during Akbar)
  • 📌 Shadow Cabinet
  • 📌 National govt. → Govt formed by the combination of all L.S party eg: In 1998 but not made.
  • 📌 Minority govt.
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