Presidential Powers in India

This document outlines the powers of the President of India. For clarity, the powers are categorized as follows:

1. **Ordinary Powers**
2. **Emergency Powers**
3. **Discretionary Powers**

It is crucial to understand that this categorization is not explicitly defined in the Constitution or any statute.

The main focus is on **Ordinary Powers**, which are further subdivided for a more comprehensive understanding:

1. **Executive Powers**
2. **Legislative Powers**
3. **Financial Powers**
4. **Judicial or Clemency Powers**
5. **Veto Powers**
6. **Diplomatic Powers**
7. **Military Powers**
8. **Other Powers**

I. Executive Powers

• **Constitutional Basis:** Article 53(1) of the Indian Constitution vests the executive power of the Union in the President. All executive actions are carried out in the President's name.

• **Exercise of Power:** The President can exercise these powers directly or through officers subordinate to him/her.

• **Key Appointments:**

  • **Prime Minister:** Appointed by the President (Article 75).
  • **Other Ministers:** Appointed by the President on the advice of the Prime Minister.
  • **Attorney General of India (AGI):** Appointed by the President (Article 76). The AGI is the chief legal advisor to the government.
  • **Allocation of Portfolios:** The President allocates portfolios to the members of the Council of Ministers, based on the Prime Minister's advice (Article 77(3)).
  • **Comptroller and Auditor General (CAG):** Appointed by the President (Article 148). The CAG audits the accounts of the Union government, state governments, public sector corporations, and other entities.
  • **Chief Justice and Judges of the Supreme Court:** Appointed by the President (Article 124).
  • **Chief Justice and Judges of the High Courts:** Appointed by the President (Article 216).
  • **Central Water Commission:** The President appoints the members of the Central Water Commission
  • **Inter-State Council:** The President appoints the members of the Inter-State council
  • **Union Public Service Commission (UPSC) Members and Chairman:** Appointed by the President.
  • **Chief Election Commissioner and Other Election Commissioners:** Appointed by the President (Article 324).
  • **National Commission for Scheduled Castes (SC):** Establishment is done by the President (Article 338).
  • **National Commission for Scheduled Tribes (ST):** Establishment is done by the President (Article 338A).
  • **National Commission for Backward Classes (BC):** Establishment is done by the President.
  • **Commission for Studying BCs:** The President can establish a commission to study the conditions of Backward Classes (Article 340).
  • **Commission for Linguistic Minorities:** The President can appoint a commission to study the conditions of linguistic minorities.
  • **Chief Minister of Delhi:** Appointed by the President (Article 239AA).
  • **Ministers in Delhi:** Appointed by the President.
  • **Lieutenant Governor of Delhi:** Appointed by the President (Article 239AA).
  • **Chief Minister of Puducherry:** Appointed by the President.
  • **Puducherry Governor** Appointed by the President.
  • **Governors of States:** Appointed by the President (Article 155).