COMPARATIVE STUDY OF EXECUTIVE POWERS

AND FUNCTIONS OF PRESIDENT OF INDIA AND US

Submitted by

SAYALI GOVIND SATONKAR

UID NO: PG21-26

Under the supervision of

Dr.VP Tiwari,Associate Professor of Law
Prof. Anuja Misra, Assistant Professor of Law
Prof.Trisha Mittal, Assistant Professor of Law
Dr.Madhukar Sharma,Assistant Professor of Law

November 2021

MAHARASTRA NATIONAL LAW UNIVERSITY, NAGPUR

List of statues:
The Constitution of India.
The Constitution of US.

List of cases:
Maru Ram V. Union of India
Dhanjoy Chatteree V. State of WB

List of abbreviations:
US United States
WB West Bengal
V Verses

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 Content

Subject Page No.

Title page
List of statutes.....................................................................i
List of cases.........................................................................i
List of abbreviations.............................................................i
Content...............................................................................ii

CHAPTER –I

1.1. Introduction..................................................................1
1.2. Objective of study.........................................................
1.3. Research questions....................................................
1.4. Scope and limitations................................................
1.5. Hypotheses...............................................................
1.6 Research methodology...............................................
1.7 literatures Review......................................................
1.8 Chapterization............................................................
1.9 Bibliography

CHAPTER-2
2.1 Introduction
2.2 Executive function of President in India

CHAPTER-3

3.1 Introduction
3.2 Executive function of President of US

CHAPTER-4

4.1 Comparison between executive function of India and US

4.2 Conclusion

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 Introduction:

There are lot of debates regarding basis and scope of inherent

executive functions enjoyed by president of modern democratic
countries particularly regard to internal affairs, national security and
foreign affairs. This study examines different conceptions and
misconceptions of executive powers of president in India and US.
Executive powers are highly accidental and shaped by political
context. This study identifies all these functions of president in
comparison and emphasis that nation tries to limit executive power
and functions of president.
Executive power consists of
a certain bundle of entitlement that can be gathered from political
theory. If there where core set of power that can be intrinsically
executive, one should except to see at least some intersection in
allocation of these power to president with democratic value involved
in it .executive branch of any country perform functions related to
foreign affairs, national security, war and in times of emergency.

President of India is a head

of state and all executive functions are done by the name of president.
Article 531 of Indian constitution talks about the vested executive
power in hands of president and also mention that the “power
exercised by him either directly or officers subordinate to him
accordance with the constitution”. In US constitution executive power
endow in the president by article 2 2 of US constitution that has an
extract content that can be determine by reference to theoretical first
principal which states he is the ‘real executive head of government
and state’. It is state the cabinet in US are not answerable to the
legislature his cabinet is actually a personal team that is meant to
advice him. Cabinet team is nighters responsible to legislature not
does it have any collective responsibility.

1
Article 53 of constitution of India, bare Act
2
Article 2 of the constitution of US, charter of UN

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It is always says that executive power of president all depend up on
presidential and parliamentary form of government. It’s totally depend
up on agenda of country to more implicate difference, such as
maturity of their democracies, their histories and their economic and
social conditions. The decree of which executive power is not fixed
and determinate but instead has developed over time within each
system, the exercise of such power has differ greatly with the proper
distribution of power at each given movement shaped by political and
social circumstance as well as letter of constitution. Basically
executive function comprises both the formation of the policy as well
as carrying in into execution the continence of order, the promotion of
economic and social welfare, the direction of foreign policy, in fact
the carrying on or supervision of the general administration of state.

In US constitution executive power vested in the president by article 2

of US constitution that has an abstract content that can be determine
by reference to theoretical first principal which states he is the real
executive head of government and state. It is state, that cabinet in US
are not answerable to the legislature his cabinet is actually a personal
team that is meant to advice him. Cabinet team is nighters responsible
to legislature not does it have any collective responsibility.

Objectives of study:

1. To study executive function of president in India and US

2. To compare executive functions of US and Indian President
3. Critically analyse significance of difference in executive functions
of president in India and US
4. To find out limitations on executive functions of president in India
and US
5. To examine the scope of executive power of president in
parliamentary form of government in comparison with presidential
form of government.

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 Research Question:

1. What are the executive functions of Indian President?

2. What are the executive functions of US President?
3. Why Indian President called it as a titular head?
4. Which executive functions makes difference between Indian and
US President?
5. Is there any limitation on power of President in US?

Scope and limitations:

The functions of president is divided in many heads like executive
judicial, legislative, diplomatic functions but this study is strictly
restricted to only executive functions of president in US and India.
Here the researcher discussed about different kinds of executive
functions and their significance in India and US In brief.
It is just a brief explanation to the topic of comparative analyses of
executive power and functions of president in both the countries. Here
researcher is not concern about detail provisions related to executive
functions but the focus is mainly on those executive functions and
Powers which are performed by President in different head and
different manner. The focus is mainly on to find out what powers
make US President more powerful and authoritative and why Indian
president is describe has nominal head thought he is a head of
executive department in India.

Statement of problem:

Till now lot of study is already done by different researcher in

explaining various functions performed by president. Like role and
functions of president in presidential form of government as in
America or parliamentary form of government in India. like that but
still there are certain unidentified issues related to the question of
what is difference between executive functions and Powers of
president in different countries? Is there actually any difference in

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 executive function of president in countries with the different forms of
government or it is just a misnomer, if there is difference why it is so.
The ultimate aim of every county is to developed and maintains peace
and prosperity in internal and external affairs of country but still we
observe the head of executive department in country like India and US
perform different executive functions and enjoy different powers have
different limitation.

Therefore matter needs serious attention and consideration to find

exact answers of these questions and their impact and relevance in
external and internal affairs of the country this project is nothing but
the small attempt to find co relationship between executive functions
of president in India and US which might benefit to understand the
strength and weaknesses of Indian executive head (president) and
actual practises in executing constitutional machinery.

Hypotheses:

Keeping in view the nature of the research problem in hand and in the
light of the objective, the researcher guided his investigation based on
certain research question and hypotheses which are as follows:

1. President is real executive head of government.

2. US president enjoy more elaborate executive power then Indian
president.
3. Indian president is nominal executive they have to work according to
advice of the cabinet and are answerable to legislature.
4. US president is both more and less than a king he is a supreme
authority in executive vicinity.

Research methodology:

This research is purely a doctrinal form of research. It is basically rely

on available primary and secondary, different books articles, journals
blogs and authors opinion are taken into consideration by the
researcher.

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 The researcher had studied and analyzes the executive power and
functions of president in India and US individually and then tried to
compare both of them to find lacunas and strength of the system of
both the countries considering executive power of president.
The researcher also relied up on the constitutional provision of India
and US which talks about executive power and interprets those
provisions to find best mechanism for any country regarding
executive power.
The researcher also cited some judgements of courts which are
relevant to elaborate executive power of President and trying to give
justice to the title.

. Literature review:

Jenny S. Martinez, the Yale Law Journal. Inherent executive

power : A comparative prospective.
In this journal author examines different conceptions of executive
power in 5 modern democratic countries. Semi presidential,
Parliamentary and presidential form of governments are taken into
consideration. Common features of democratic countries in this
counterweight to recent argument that executive power inherently
requires unchanged authority in this sphere.

Dr. Biswaranjan Mohanty comparative government and politics

In this book author examine the governments of different countries
UK, US, France, China. Chapter 2 of this publication is related to US
constitution in which Power and Position of President of America had
been discussed. Author also discussed executive power of
administration and chief commander of president. Also discussed
limitation on executive power of president of the countries.

Dr. Syed Asima Refayi Constitutional law. Unit II

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 In this author talks about the executive power of president in India
and role of president in a cabinet form of government with different
heads and different prospective.

President or the king? Meena Bose 1970

In this book author evaluating the expansion of executive power from
Abraham Lincoln to George W. Bush. This book is mainly focus on
presidential power in wartime and use of presidential power by
American President in wartime. Author also discussed about the
future of Presidential Power in US.

CHAPTER-2

2.1 Introduction:
In India President is the first Citizen of Country he is the head of the
state. He plays important role in governance of country and all
executive powers of Union are vested in his name. He also enjoyed
legislative, military, diplomatic and judicial powers along with
executive branch. Article 52 to article 76 of constitution of India
deals all about president and its Powers and functions. He is the part
of union executive but has limitations in enjoying executive Power
under constitution.
2.2 Executive Power of President of India and its limitations:
1. Supreme Commander in chief:
President of India is the supreme commander in defence force. But he
has to strictly follow and obey the law made by the constitution while
exercising his Powers and Functions. Indian constitution lay down
that while exercising his Power President must approach Parliament.
Article 114(3)3 demand that money for training, raising and
3
Article 114(3) of the constitution of India.subject to provision of article 115 and 116, no money shall
be withdrawn from consolidated fund of India except under provision made by law passes in

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 maintenance of defence forces of India has to be passed by the
parliament.
2. All executive action of union is taken in the name of President:
All officers of the union are subordinate to the president & president
has right to informed about the affairs of the government.
Administrative power also includes power to appoint (CAG)
controller and auditor general of India, Chief justice of SC and other
judges of Supreme Court and High Court. President also appoints
Prime Minister and other dignitaries. In making appointment
President has to take opinion of person other than his minister has
well.

3. Pardoning Power:

Article 72 speaks about pardoning power of president. President shall

have power to grant “Pardon, remission, respite, remit or commute”
the sentence of any person convicted of any offence where sentence is
a formed of death sentence.

4. Power in International affairs:

President have Power to appoint diplomats and receiving foreign
diplomats he has not war to declare war at International level but he
can represent our nation at international level.

5. Can ask to prove Majority in Loksabha:

President can ask to prove majority on Loksabha and can also dissolve
council of minister according with article 75(2) If he found ministry
does not enjoy support of majority.
Indian President also has power in times of emergency he can declare
emergency on his own motion.

Limitations:

accordance with provision of Article.

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 Article 74(1)4 and Article 53(1) limits power of president. Article 53
speaks about executive power of union endow in president and
implementation of that power either by him or officers subordinate to
him.
Article 74 speaks about “council of ministers to aid and advice
presidencies” this clearly shows that president cannot took any
decision independently without advice of council of ministers.
But the view of Dr Ambedkar at a time of making constitution is that
“President should represent nation but not rule over the nation”. There
should harmony between legislative and executive functions.

CHAPTER- 2

Executive Powers and functions of President of US:

Introduction:
US has a federal form of government in which President is the real
head of the executive branch and constitutionally obligated to “take
care the laws be faithfully executed”, article 2 of the US constitution
talks about executive power of President which states that “ executive
power of president shall be vested in president of United states of
America.
Section 2 of constitution talks about Power enjoyed by the president.
1. Commander in chief:
He is commander in chief of army and navy he does not have to
consult any one to take a decision. He has power to call into service
the state units of the national guards and in times of emergency may

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Article 74(1) of constitution of India. There shall be the prime minister at the head to aid and advice
president who shall in exercise of his functions, act in accordance with such advice

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 be given the power by congress to manage national security and
economy. President can sent troops to battle without an official war
declaration.
2. Pardoning Power of President:
President of US has constitutional right to pardon or commute
sentences related to federal crime. US Supreme Court held that this
power is granted without limit and cannot be exercised by the
congress except in case of impeachment. This power is only restricted
to federal crime and not the state crime.

3. Power to make treaties:

He has Power to made treaties with approval of senate. Senate is only
to advice him he can give decision on his own motion.

4. Appointment:
He is responsible to nominate head of governmental department,
judges of Supreme Court and High court. U.S. Senate is charged with
approving these nominations.
President has supreme executive power over military, security and
foreign affairs.
5. Foreign affairs:
Article 2 sec 3(4) of US constitution requires the president to "receive
Ambassadors." This clause,has been interpreted to imply that the
president possesses broad power over matters of foreign policy,5 and
to provide support to government. Negotiation of agreement between
united states of America and foreign country is done by President of
America.

CHAPTER- III

Comparison between executive Powers and Functions of

President:

5
United states v. Cris-wright export corporation 299 U.S. 304(1936) characterized president as a sole
organ of nation in its external affairs interpretation by Louis fisher of library of congress

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 Indian President is the titular
head of the state while U.S. president is the real head of the executive
branch. All executive actions are taken by the name of the president.
The President of India and the US has to perform some common
functions and enjoyed common Powers. like he is the Commander in
chief in both the countries , appointment of minsters and judges are
done by the president, he has power over administration in both the
countries but the range of power differs, extend of Power is vary
between executive Powers and functions of US and Indian President.
US president is elected by the people so he enjoys wide range of
powers then Indian President.
In matter of pardoning power
US Supreme Court has held that power is granted without limit and
cannot be restricted by the congress. US president does not
answerable to any one while Indian president has to act on the advice
of council of ministers.
In case of Maru Ram V.
Union of India6 and Dhanjoy Chatterjee V. State of west bengol 7 it
was held that in mercy plea president can act individually.
In US president and his
cabinet is not answerable to the legislation but in India president and
council of ministers are answerable to the Parliament. U.S. President
is both the head of state and the government but Indian President is
only the head of the state. In India Prime Minister is the head of the
government.

US president enjoy more and widen power over administrative

matters and in matters like foreign affairs. National security and war
then Indian President. US president is not responsible for the
legislature nor is part of it but Indian president hs to wor in correlation
with the legislature part of it. Indian president has wide range of

6
(1981)1 SCC 107S
7
1994 SCR (1) 37

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Power in emergency situation he can too any decision for the interest
of country in emergency provision but this power is not there in US
constitution there are some restriction on it. U.S. President and Indian
President both enjoys sovereign status in their respective states which
is a demand of any federal or Parliamentary from of government.

Conclusion:

So it was conclude that there is difference in the executive power of

President of India and US. Both are the head of government in but one
is the real head and another is the titular head. President of US enjoys
wide range of executive power then Indian president. Indian President
is not mealy a rubber stamp he has some power in exceptional cases
generally he has to follow advice of council of ministers. US president
also have some limitations performing executive functions but most of
the time he is the king of the country.US presidency is very clear
about the power and functions of the President. The executive power
of any country are more or less malleable in nature hence we found
changing pattern according to status of country and constitutional
provisions.

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I. Printed Sources:
1. Books:
Laxmikanth M. “INIAN POLITY”, McGrawHillW eeducation(India), Private
limited, 2019
Bhagwan Vishnoo, Bhushan Vaidya, “WORLD CONSTITUTTION A
COMPAEATIVE STUDY”,Sterling Publisher Private” LIMITED
2. Journals:
Doborh Pearlstein, “understanding current assertion of executive
power”,American society of International law, vol.100 pp 333-337.

B.N.Sharma, “President of Indian Republic”, Indian journal on political

science, vol.27, No.314

K.R. Bombawall,K.R.Bowbawall, “President of India limit of discretion”

Indian jornal of Political science vol.11, no.4

II. Internet Sources:

https://www.clearias.com/president-india-powers-roles/

https://www.legalserviceindia.com/legal/article-2732-constitutional-
position-of-the-president-and-governor-relation-with-the-council-of-
ministers-.html

https://Indianexpress.com/article/explained/presidents-powers-to-pardon-in-
us-india-7069712/

https://www.trumanlibrary.gov/education/three-branches/what-president-can-
do-cannot-do

https://constitution.congress.gov/browse/essay/artII_S2_C1_1_2/

http://www.supremecourtcases.com/index2.php?
option=com_content&itemid=1&do_pdf=1&id=233#:~:text=In%20Maru
%20Ram%20v.,by%20an%20amendment%20

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