Executive power of President

  • All executive actions of the Government of India are formally taken in his name.
  • He can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
  • He can make rules for more convenient transaction of business of the Union government, and for allocation of the said business among the ministers.
  • The Government of India (Transaction of Business) Rules 1961 has been framed under Article 77(3) of the Indian constitution, which provides that the President can make rules for the convenient transaction of business of the Government. It also provides for the allocation of business among the various committees.
  • Features of the Rule:
    • A total of eight cabinet committees are established under this rule.
    • Mainly concerned with appointments, security, and economic affairs of the country. 
    • The Ministry of Law is to be consulted for legislative proposals, forming rules and orders, and the creation of contracts on behalf of the Government. 
    • The Prime Minister has the power to amend the First Schedule, which provides for the allocation of business among various committees. He can add or reduce the numbers of Committees as well as modify their functions.

Powers relating to the Council of Ministers

  • The President has to exercise his Executive powers on the advice of the Council of Ministers, so he is subjected to some limitations in exercising powers. But he has the power to send back the recommendation of the council for reconsideration. The council may or may not accept such a recommendation. So, the President while being the Executive head in name, the actual power resides with the Council of Ministers headed by the Prime Minister.
  • But despite such limitations, the Prime Minister also has certain duties which he has to fulfil towards the President, and it includes, The duty to communicate all the decisions made by the council on the administration and legislation of the country, the duty to such information as the President may demand etc.

Power to make appointments

The President has the power to appoint many constitutional officers and the members of the Union Government. They include:

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