President's Power to Appoint Commissions

President appoint commissions refers to the constitutional practice under which the President of India, acting as the formal head of the Union executive, sets up expert or investigative bodies to look into specific administrative, social or federal questions. These commissions are not a single unified institution but a group of distinct bodies created under different constitutional provisions, each with its own mandate, composition and reporting line. The power flows from the President's general executive authority and is, in ordinary practice, exercised on the aid and advice of the Council of Ministers.

Constitutional Basis of the Power

Article 53 vests the executive power of the Union in the President, exercisable directly or through officers subordinate to him. Article 77 provides that all executive action of the Government of India is taken in the President's name, and that the President makes rules for the transaction of government business, including the allocation of work among ministries. Appointing commissions to inquire into or report on specific matters falls within this broader executive function. Because the President almost always acts on ministerial advice under Article 74, the real decision to constitute a commission, define its terms of reference and select its members is taken by the Union Cabinet; the President's role is to formally appoint it.

Commission for Scheduled Tribes (Article 339)

Article 339 empowers the President to appoint a Commission for the welfare of the Scheduled Tribes in the states. Such a commission may be appointed at any time the President considers necessary, but the Constitution makes it mandatory to appoint one at the expiration of ten years from the commencement of the Constitution. The commission's task is to examine the administration of Scheduled Areas and the welfare of Scheduled Tribes and to report on how far this welfare is being secured.

Special Officer / Commission for Scheduled Castes and Scheduled Tribes (Article 338)

Under Article 338, the President appoints a Special Officer to investigate matters relating to the safeguards provided for Scheduled Castes and Scheduled Tribes under the Constitution and to report to the President on their working. This provision reflects the President's continuing supervisory role over the constitutional protections given to these communities, distinct from the periodic welfare commission contemplated under Article 339.

Notification of Backward Communities (Articles 341–342)

Related to this supervisory function, Articles 341 and 342 authorise the President to notify, by public notification, the castes, races or tribes to be treated as Scheduled Castes and Scheduled Tribes in a state or Union territory. Where the list concerns a state, the President is required to consult the Governor of that state before issuing the notification, and any subsequent inclusion or exclusion from the list can only be made by Parliament through law.

Centre-State Relations Commissions: Sarkaria and Punchhi

Beyond commissions tied to specific constitutional articles, the Union government has, from time to time, set up high-level commissions to examine the working of Centre-State relations, with the President's formal sanction behind their constitution. The Sarkaria Commission examined the distribution of powers and responsibilities between the Union and the states; a large majority of its recommendations were eventually implemented by the Central government, the most significant being the establishment of the Inter-State Council in 1990. Decades later, the Second Commission on Centre-State Relations, popularly known as the Punchhi Commission after its chairman, former Chief Justice of India Madan Mohan Punchhi, was constituted in 2007 to revisit these questions in light of the changes that had taken place in India's polity and economy since the Sarkaria Commission had last reported.

Other Bodies Filled Through Presidential Appointment

Several standing constitutional bodies also owe their composition to presidential appointment, even though they are not "commissions" appointed for a one-time inquiry. The Union Public Service Commission has its Chairman and members appointed by the President; once appointed, they enjoy a fixed tenure and can be removed only through a process resembling impeachment, which insulates the Commission from ordinary executive pressure. The Election Commission's Chief Election Commissioner is likewise appointed by the President, though removal safeguards again limit executive control once the appointment is made. The Attorney-General for India, the government's chief law officer, is appointed by the President under Article 76 from among persons qualified to be a Supreme Court judge.

Nature and Limits of the Power

Although the appointment is made in the President's name, the choice of whom to appoint, the scope of a commission's inquiry and the timing of its constitution are, in practice, decisions of the Council of Ministers, since the President is bound to act on its aid and advice under Article 74. The exceptions where the President can act with some independent judgement are narrow — such as asking the Council to reconsider its advice — and do not extend to overriding the government's choice of commission members. The power to appoint commissions must therefore be read as an executive function performed formally by the President but substantively directed by the elected government of the day.

UPSC Relevance

Prelims: Know which constitutional article corresponds to which presidential appointment — Article 338 (Special Officer/Commission for SC/ST safeguards), Article 339 (Commission for Scheduled Tribes' welfare, mandatory after ten years), Articles 341–342 (notification of SC/ST lists, Governor's consultation for state lists). Also remember key committees on Centre-State relations: Sarkaria Commission and the Punchhi Commission, and the year the Inter-State Council was set up (1990).

Mains: Discuss how the President's power to appoint commissions illustrates the broader principle that the President is a formal/nominal executive acting on ministerial advice, while the substantive decision-making rests with the Council of Ministers (GS2 — structure and functioning of the executive).

FAQ

Q1. Under which article can the President appoint a Commission for Scheduled Tribes? Under Article 339, the President may appoint such a commission at any time and must do so at the end of ten years from the commencement of the Constitution.

Q2. What is the difference between the bodies under Article 338 and Article 339? Article 338 provides for a Special Officer to investigate the working of safeguards for Scheduled Castes and Scheduled Tribes, while Article 339 provides for a Commission specifically on the administration of Scheduled Areas and the welfare of Scheduled Tribes.

Q3. Does the President appoint commission members on his own judgement? No. The President acts on the aid and advice of the Council of Ministers under Article 74 in appointing commissions, except in the narrow discretionary situations recognised under the Constitution.

Q4. What was the Sarkaria Commission? A commission set up to examine Centre-State relations; most of its recommendations were implemented, including the setting up of the Inter-State Council in 1990.

Q5. Who chaired the Second Commission on Centre-State Relations? Madan Mohan Punchhi, a former Chief Justice of India; the commission was set up by the Government of India in 2007.

Quick Revision

Article 339: President may appoint a Commission for Scheduled Tribes' welfare; mandatory after 10 years of the Constitution's commencement.
Article 338: President appoints a Special Officer to report on SC/ST safeguards.
Articles 341–342: President notifies SC/ST lists; consults Governor for state lists.
Sarkaria Commission recommendations led to the Inter-State Council (1990).
Punchhi Commission (2007): Second Commission on Centre-State Relations, chaired by Justice M.M. Punchhi.
UPSC Chairman/members and CEC are appointed by the President with tenure protection.
President appoints commissions formally; substance of the decision rests with the Council of Ministers.

Sources

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
The Constitution of India — Bare Act — the official text.

Disclosure: As an Amazon Associate, UPSC.wiki earns from qualifying purchases — at no extra cost to you.

At a glance