August 9, 2022

Executory Power :- 

Introduction :-

Part V of the Constitution (Articles 52 to 78) deal with the Union executive. The Union executive is made up of the President, Vice President, Prime Minister, Council of Ministers, and the Attorney General of India. The Union’s executive power is vested in the President, who exercises it either directly or through officers’ subordinate to him in accordance with the Constitution. In this article we will discuss more about the Executive Powers of the President.

he executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.

  1. It is the administrative head of the government.
  2. Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.

Executive Powers Of President

All executive actions taken by the Indian government are formally taken in his name.

He has the authority to make rules governing how orders and other instruments made and executed in his name must be authenticated.

He has the authority to make rules for the more efficient transaction of Union government business, as well as the allocation of said business among ministers.

He appoints the prime minister and other cabinet members. They serve during his pleasure.

He appoints the Attorney General of India and sets his salary. The Attorney General serves during the pleasure of the President.

He appoints the comptroller and auditor general of India, chief election commissioner and other election commissioners, chairman and members of the Union Public Service Commission, state governors, chairman and members of the Finance Commission, and other officials.

He can request from the prime minister any information pertaining to the administration of Union affairs, as well as legislative proposals.

He has the authority to request that the Prime Minister submit to the council of ministers any matter on which a minister has made a decision but which has not been considered by the council.

He has the authority to appoint a commission to investigate the conditions of SCs, STs, and other backward classes.

He has the authority to appoint an inter-state council to promote centre-state and inter-state cooperation.

He administers the union territories directly through administrators he appoints.

He has the authority to declare any area a scheduled area and to administer scheduled areas and tribal areas.

Executive Powers of the Governor

The following comes under his executive powers of the governor :

Every executive action that the state government takes, is to be taken in his name.

How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor.

He may/may not make rules to simplify the transaction of the business of the state government.

Chief Ministers and other ministers of the states are appointed by him.

It is his responsibility to appoint Tribal Welfare Minister in the states of:Chattisgarh , Jharkhand ,Madhya Pradesh ,Odisha

He appoints the advocate general of states and determines their remuneration

He appoints the following people: :- State Election Commissioner :Chairman and Members of the State Public Service Commission ;Vice-Chancellors of the universities in the state

He seeks information from the state government

A constitutional emergency in the state is recommended to the President by him.

The governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state.

Reference articles :-

https://www.principlesofdemocracy.org/executive

https://knowindia.india.gov.in/profile/the-union/executive.php#:~:text=Executive%20power%20of%20the%20Union,Union%20also%20vests%20in%20him.

https://unacademy.com/content/nda/study-material/general-knowledge/the-union-executive-of-the-indian-constitution-under-articles-52-to-articles-78/

Books referred :-

Mp jain constitution of india

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