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Presidential Powers in India

The powers of the President of India can be broadly classified into three categories for easier understanding:

1. General Powers
2. Emergency Powers
3. Discretionary Powers

It's important to note that this classification is not explicitly mentioned in the Constitution or any specific law. It's a categorization made for easier comprehension of the President's extensive powers.

1. General Powers

General powers can be further sub-classified for better understanding:

• Executive Powers
• Legislative Powers
• Financial Powers
• Judicial or Mercy Powers
• Veto Powers
• Diplomatic Powers
• Military Powers
• Other Powers

Breakdown of General Powers:

Power Category	English Term	Description
Executive Powers	Executive Powers	Related to the administration and governance.
Legislative Powers	Legislative Powers	Related to law-making.
Financial Powers	Financial Powers	Related to the country's finances.
Judicial or Mercy Powers	Judicial or Mercy Powers	Related to the judiciary and granting pardons.
Veto Powers	Veto Powers	Power to reject bills. Veto means "to reject".
Diplomatic Powers	Diplomatic Powers	Related to foreign relations.
Military Powers	Military Powers	Related to the armed forces.
Other Powers	Other Powers	Miscellaneous powers.

Detailed Explanation of Executive Powers

The executive powers of the President are primarily derived from Article 53(1) of the Indian Constitution.

Article 53(1) states that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.

In simpler terms, the administration of the country is carried out in the name of the President. He/She can exercise these powers directly or through the assistance of others (subordinates). Because it's impractical for the President to manage the entire country alone, he appoints various officials to assist in governance.

General powers are those exercised by the President based on the advice of the Prime Minister and the Council of Ministers in normal circumstances.

Specific Appointments and Powers under Executive Authority

The President makes numerous key appointments, and these are crucial aspects of the executive powers:

1. Article 75(1): The President appoints the Prime Minister. (Prime Minister is appointed by the President). In a parliamentary system like India, the leader of the party or coalition that commands a majority in the Lok Sabha (Lower House of Parliament) is usually appointed as the Prime Minister.

2. Based on the Prime Minister's advice, the President appoints other members of the Council of Ministers.

3. Article 76: The President appoints the Attorney General of India (AGI). The AGI is the chief legal advisor to the central government and the highest law officer in the country.

4. Article 77(3): The President, on the advice of the Prime Minister, allocates portfolios (ministries) to the members of the Council of Ministers.

5. Article 148: The President appoints the Comptroller and Auditor General (CAG) of India. The CAG audits the accounts of the central and state governments, public sector corporations, and other government-funded organizations.

6. Article 124: The President appoints the Judges of the Supreme Court.

7. Article 216: The President appoints the Judges of the High Courts.

8. Article 262: The President appoints the Central Water Commission.

9. Article 263: The President appoints the Inter-State Council. This body promotes cooperative federalism between the central and state governments.

10. Article 280: The President appoints the Central Finance Commission. The Finance Commission recommends the distribution of tax revenues between the Union and the States.

11. Article 316: The President appoints the Chairman and members of the Union Public Service Commission (UPSC). The UPSC conducts examinations for recruitment to various All India Services and Central Services.

12. Article 324: The President appoints the Chief Election Commissioner and other Election Commissioners of the Central Election Commission. The Election Commission is responsible for conducting elections to the Lok Sabha, Rajya Sabha, President, Vice-President, State Legislative Assemblies, and Legislative Councils.

13. Article 338: The President establishes the National Commission for Scheduled Castes (NCSC).

14. Article 338A: The President establishes the National Commission for Scheduled Tribes (NCST).

15. Article 338B: The President establishes the National Commission for Backward Classes (NCBC).

16. Article 340: The President can appoint a commission to investigate the conditions of backward classes.

17. Article 350B: The President can appoint a commission to investigate the conditions of linguistic minorities.

18. Article 239(AA): The President appoints the Chief Minister of Delhi, the Council of Ministers of Delhi, and the Governor (referred to as the Administrator or Lieutenant Governor) of Delhi.

19. Article 239(AB): The President appoints the Chief Minister of Puducherry and the Governor (Lieutenant Governor) of Puducherry.

20. Article 155: The President appoints the Governors of the States.

The Governors of Delhi, Puducherry, Jammu & Kashmir, and Ladakh are called Lieutenant Governors.

The President governs India with the assistance of all these appointed officials. The articles mentioned are extremely important for understanding the President's role and powers.

Summary of Important Articles Related to Presidential Appointments:

• Article 75(1)
• Article 76
• Article 77(3)
• Article 124
• Article 216
• Article 148
• Article 155
• Article 262
• Article 263
• Article 239(AA)
• Article 239(AB)
• Article 280
• Article 316
• Article 324
• Article 338
• Article 338A
• Article 338B
• Article 340
• Article 350B

Legislative Powers

We will next examine the Legislative powers of the president.