Governor – independent Constitutional

President Office – Canadian Model

Art 52 to 78, Part V – Union Art 153 to 167, Part VI – State

Executive Executive
Election – Art. 55 7th Amendment same person
Governor for 2 or more states
 Not directly by people
 Electoral college: elected MPs,
elected MLAs of states,
elected MLAs of UTs PY & DL
 NO part to Dissolved Assembly Appointment – Art 155
MLAs
By President
 Uniformity in the why appointed post?
representation of states
1.Compatible with
 Parity between states & Union Parliamentary system in state
Value of an MLA vote = 2.Avoid CM & Governor conflict
Total Pop. State x1 3.Nominal Head position &
Total elected MLAs 1000 save costs
4.Have neutral & impartial
of state head
Value of an MP vote = 5.To maintain Centre’s control
Total value of votes of all MLAs of 6.To maintain leadership in the
all states state
Total elected MPs 7.To avoid second rate man of
CM
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President Election Governor
 System of proportional
representation by means
of single transferable
vote – for absolute
majority – misnomer:
voting for 1 seats
instead of 2 or more
seats & NO single
vote…plural votes
 Voting by secrete ballot
 Must secure a fixed
quota vote
 Electoral quota=
Total number of valid
votes polled + 1
1+1=2
 Voter can indicate
preference 1, 2, 3…
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Presidential Election
Governor
1st phase-1st preference counted
candidate secured quota:
elected
otherwise, the process of
transfer of votes
Candidates securing least number
of 1st preference votes are
cancelled and his 2nd preference
votes are transferred to the first
preference votes of other
candidates
process continues till a
candidate secure required quota

Doubts & Dispute: S. Court & it’s

final
Vacancy in electoral college – Not
challengeable
Election of a person as President
as declared void – NOT invalidate
the acts done by him/her

Indirect: in harmony with

Parliamentary
Direct: is costly – no need for
symbolic
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President Governor
Qualification – Art. 58 Qualification
Indian Citizen, 35, qualified Indian Citizen, 35 + by
for Lok Sabha MP, NOT hold convention 1. An Outsider
office of Profit 2. Consultation with CM
Nomination – 50 electors
proposers, 50 electors
seconders, deposit: 15,000,
1/6th votes to secure his Oath – by CJ of H. Court,
deposit senior most judge – 159
 Faithfully execute the
Oath – by CJI, senior most office
judge – Art. 60
 Faithfully execute the
 PPD [Preserve, Protect,
office Defend] Constitution &
Law
 PPD [Preserve, Protect,
Defend] Constitution &  Devote to well-being of
Law State
 Devote to well-being of
India  Person discharging
 Acting President also Governor’s function also
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President Governor
Conditions of President’s Conditions of Governor’s
Office Office
 NOT MP or MLA  NOT MP or MLA
 NOT hold office of profit  NOT hold office of profit
 Entitled official residence
 Entitled official
residence  EAP [Emoluments,
Allowances & Privileges]
 EAP [Emoluments,  Cannot Diminishable
Allowances & Privileges]
 During the term – immune
 Cannot Diminishable from criminal proceedings
 During the term – even in respect of
immune from criminal personal acts
proceedings even in  Cannot be
respect of personal acts arrested/imprisoned
 Cannot be  Civil proceedings after 2
arrested/imprisoned months notice
Same person Governor of 2
 Civil proceedings after 2 or more states Emoluments
months notice & Allowances shared by
states in proportion
Acting President
 CCE-PDPU also determined by President
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President
Governor
Term
5 years, Resign – to VP,
Impeachment, Eligible for re- Term
election, any number [in US 2
times] 5 years, but, pleasure of
Impeachment President, Resign – to
 If violation of Constitution –
phrase not defined President, hold office
 Initiated by either house until successor
 Charges signed by 1/4th
members of that house assumes charge
 14 days notice
 2/3rd majority of total NO interregnum –
membership of that house to
pass a resolution
President make
 Resolution investigated by the provision- CJoH. Court
other house
 President has right to appear
and to represent such
investigation
 If charges sustained and
resolution passed by 2/3rd
majority of total membership of
that house, from that date
President stands removed

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President Governor
Impeachment
Quasi-judicial process
Nominated MPs participate
MLAs NOT participate
Vacancy in President’s Office
 Expiry of term – election to
be held before that, in
delay, outgoing president
continues
 Resignation,
Impeachment, Death –
election should be within 6
months, in between VP will
act as President – New
President full term
 President unable to act
[illness, absence] - VP will
act as President, if
vacancy in VP, CJI or
senior most judge
 disqualification to hold
office/election declared
void
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President – Powers & Functions
Executive Governor – Powers & Functions
GoI formally acts Executive
Make rules to execute GoS formally acts
orders
Make rules to execute
Make rules to transaction of orders
business & allocation of such
business Make rules to transaction
of business & allocation of
Appointments: PM, such business
Ministers, Attorney Gen.
India, CAG, CEC, Governors… Appointments: CM,
Ministers, Tribal welfare
Removal: SPSC members Minister in some states,
Seek Information related to Advocate General, SEC, VC,
administration & proposal for SPSC…
legislation from PM Seek Information related to
Require PM to submit administration & proposal for
minister’s decision but not legislation from CM
considered by council Require CM to submit
Appoint commissions for minister’s decision but not
SCs, STs & OBC, Inter-state considered by council
coucil Recommend Emergency to
UTs , Scheduled & Tribal President – 356
Areas administration Chancellor of Universities
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President
Legislative
Governor
Legislative
Integral part of Parliament
Summon/Prorogue parliament Integral part of State Legislature
Dissolve Lok Sabha Summon/Prorogue State Legislature
Summon Joint sitting of both houses Dissolve State Assembly
Address Parliament on 1st session after Address State Legislature on 1st session
each general election and 1st session of after each general election and 1st session
every year of every year
Send messages to Parliament regarding Send messages to State Legislature
regarding a bill or otherwise
a bill or otherwise
Appoint any member to preside the
Appoint any member to preside the proceedings of Assembly/Council when
proceedings of Lok Sabha/Rajya Sabha Speaker/Chairman & Dy. Speaker/Dy.
when Speaker/Chairman & Dy. Speaker/Dy. Chairman fall vacant
Chairman fall vacant Nominates 1/6th to Council & 1 to
Nominates 12 to R.Sabha & 2 to L.Sabha Assembly – including Co-operative Movement
Decides disqualification of MPs in Decides disqualification of members of
consultation with E.C. State Legislature in consultation with E.C.
Certain bills require prior Assent required a bill to become Act
recommendation Sometimes state bill reserved for
Assent required a bill to become Act Presidential assent – DPSP, Art 31A etc &
Obligatory if bill endangers position of High
Sometimes state bill also requires his Court
/her assent when reserved
Promulgate Ordinance when Parliament Promulgate Ordinance when State
is not in session, approval within 6 weeks Legislature is not in session, approval within
of reassembly 6 weeks of reassembly
Reports of CAG, UPSC, Fin. Com., laid in Reports of CAG, State Fin. Com., laid in the
the Parliament State Legislature
Regulations for A&N, Lakshadweep,
D&NH, D&D for Governance
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President Governor
Financial Financial
Prior recommendation for Money Bills
Prior recommendation for Money
Annual Financial Statement laid in the Bills
Parliament Annual Financial Statement laid
Demand for Grant only by his in the State Legislature
recommendation Demand for Grant only by his
Advances out of Contingency Fund of India recommendation
to meet unforeseen expenditure Advances out of Contingency
Constitutes Fin. Com Fund of State to meet unforeseen
Judicial expenditure
Appoints all judges of S. Court and H. Constitutes Fin. Com to review
Courts financial position of Local Gov.
Bodies
Seek advice from S. Court on any
question of law or fact, Advice NOT
Judicial
binding – Art 143 Consulted by President in H.
Court judges appointment
Pardoning Power
Appointment, Postings,
Diplomatic Promotion of District Judges in
International treaties & agreements consultation with H. Court – Art
negotiated and concluded on behalf of .233
President, subject to Parliament approval Appoint persons to judicial
Military service in consultation with H.
Supreme Commander of Defence Forces Court and SPSC – art. 234
Pardoning Power
Declare war & conclude peace subject
to Parliament approval
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President
Bill to Act by President’s assent
3 alternatives (Art. 111) –
1. Assent
Bill to Act by
2. Withhold Governor’s assent
3. Return – 1 time
4 alternatives (Art. 200)
–
Money bill – assent or withhold, no return (For
Parliament & State Legislature)

1. Assent
Veto Power – to prevent hasty ill-considered
legislation or to prevent unconstitutional
2. Withhold
legislation- 3 types
3. Return – 1 time
Absolute Veto – withhold his assent, Bill Not
become Act 4. Presidential
Usually applied on private members’ bills &
Gov. bills when cabinet resigns, President
consideration – after
R.Prasad & President R. Venkataraman used
that No role for
Suspensive Veto – asking reconsideration of
both houses, overridden by simple majority,
Governor- after
NOT applicable for money bill reconsideration also
Pocket Veto – neither ratifies nor reject nor no need to assent
return, keeping bill for indefinite period [in US
President has to return bill in 10 days],
President Zail Singh applied on Post Office
Money bill – assent or
bill- freedom of Press withhold, reserve for
NO qualified veto for Indian President – President
overriding by higher majority
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President Governor
Ordinance – Making: Art 123 Ordinance – Making: Art 213
 Recess of Parliament  In some cases instruction from President
 Same force & effect of an Act required
 Subject to 4 limitations  Recess of State Legislature
1. When both the houses not in session or  Same force & effect of an Act
either of houses not in session -  Subject to 4 limitations
ordinance not a parallel power of
legislation 1. When both the houses not in session or
2. Existence of satisfactory circumstances either of houses not in session -
– Cooper case, decision of President to ordinance not a parallel power of
issue ordinance can be questioned in legislation
court 2. Existence of satisfactory circumstances –
3. Coextensive with Parliament’s law 3. Coextensive with law making power of
making power except duration
State Legislature except duration
4. Laid before Parliament after its
reassembly, if approved Act, otherwise 4. Laid before State Legislature after its
ceases to operate after 6 weeks, reassembly, if approved Act, otherwise
maximum 6 months & 6 weeks, ceases to ceases to operate after 6 weeks,
operate also acts done valid maximum 6 months & 6 weeks, ceases to
operate also acts done valid
 President can withdraw anytime
 Only on the advice of council of ministers  Can withdraw anytime
 Can be retrospective
 Only on the advice of council of ministers
 Modify/repeal an act of Parliament
 Can be retrospective
 Alter/amend Tax
 Can issue ordinance if NO  Modify/repeal an act of State Legislature
war/aggression/armed rebellion  Alter/amend Tax
Rules of Lok Sabha requires explanatory
note necessitated ordinance when seeking to
introduce a bill on that
Re-promulgation possible – but successive
re-promulgation without an attempt to pass
bill is Constitutional violation & liable to
struck down – D C Wadhwa Case
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President Governor
Pardoning – Art. 72 Pardoning – Art. 161
 In all cases of  In all cases of
 Against Union law  Against state law
 Court Martial Cannot pardon a death
sentence but suspend, remit,
 Sentence of Death commute a death sentence
 Independent of judiciary  Independent of judiciary
An executive power – NOT An executive power – NOT
court of appeal court of appeal
To correct judicial error To correct judicial error
To get relief from harsh To get relief from harsh
sentence sentence
Pardon: completely absolve Pardon: completely absolve
the convict the convict
Commutation : lighter form Commutation : lighter form
punishment punishment
Remission: reducing period Remission: reducing period
without changing character without changing character
Respite: lesser one on Respite: lesser one on
special fact special fact
Reprieve: stay Reprieve: stay
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Art 72. Power of President to grant pardons, etc., and
to suspend, remit or commute sentences in certain
cases.—(1) The President shall have the power to
grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the
sentence of any person convicted of any offence—
• (a) in all cases where the punishment or sentence is by a Court Martial;
• (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

• (c) in all cases where the sentence is a sentence of

death.
• (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a
Court Martial.

• (3) Nothing in sub-clause (c) of clause (1) shall affect

the power to suspend, remit or commute a sentence of
death exercisable by the Governor of a State under any
law for the time being in force. CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan
President

Principles related to Pardoning Constitutional Position

given by S. Court
oNo right to oral hearing ofGovernor
oExamine the evidence and Art. 154
take different view
oOn the advice of Union Art. 163 - CM to advise
Cabinet
oNot bound to give reason Art. 164 – Council of
oRelief for petitioner from an Ministers responsibility
evident mistake
oSubject to Judicial Review
to State Assembly
oStay not possible if rejection Not bound by CoMs advice
of early petition
Constitutional Position of
President
Art. 53
Art. 74 – PM led CoMs to advise
Art. 75 – Council of Ministers
[CoMs] responsibility to Lok
Sabha
42nd A. Act advise bound but,
44th 1 time reconsideration
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 Governor: Dual role – Constitutional Head &
President Representative of Centre

NO constitutional Constitutional Discretion

Bill reservation to President
discretion Recommendation to impose
But situational discretion President’s rule
As administrator of UT
1. PM appointment – Determining royalty amount on
No party clear Minerals: AS, ME, T & MI
Seeking information from CM
majority/ PM dies in Situational Discretion
office and no CM appointment – No party
successor clear majority/ CM dies in office
and no successor
2. Dismissal of CoMs - Dismissal of CoMs - cannot
prove confidence of Assembly
cannot prove Dissolution of Assembly if
confidence of House of CoMs lost Majority
People Special responsibilities to
discharge on President’s
3. Dissolution of House direction and act on discretion
though consultation with
of People if CoMs lost CoMs…for some states like MH,
Majority GJ, AS, MA, NL, ArP, KA
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18