Date : Sub : Constitution of India Sub Code : 3TDC- CI - 02 Pages :

Unit - 02
PRESIDENT
• Article 52 to 78 in part V of the constitution deal with the union
executive
• The union executive consists of the president, the vice-president,
the prime minister
• The council of ministers and the attorney general of India the
president is the head of the Indian state he is the first citizen of
India and act as the symbol of unity, integrity and solidarity of
the nation.

ELECTION OF THE PRESIDENT

The president is elected not directly by the people but by member of
Electoral College consisting of:
1. The elected members of both the houses of parliament;
2. The elected members of the legislative assemblies of the
states;
3. The elected members of the legislative assemblies of the
union territories of Delhi and Puducherry.
Thus, the nominated members of both of houses of parliament, the
nominated members of the state legislative assemblies, the members
of the state legislative councils and the nominated members of the
legislative assemblies of Delhi and Puducherry do not participate in
the election of the president.

QUALIFICATIONS, OATH AND CONDITIONS

QUALIFICATIONS FOR ELECTION AS PRESIDENT

A person to be eligible for election as president should fulfil the

following questions
1. He should be a citizen of India
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the lok sabha.
4. He should not hold any office of profit under the union government
or any state government or any local authority or any other public
authority

TERM, IMPEACHMENT AND VACANCY

TERM OF PRESIDENT`S OFFICE

The president holds office for a term of five years from the date on
which he enters upon his office. However, he can resign from his
office at any time by addressing the resignation letter to the vice-
president.

IMPEACHMENT OF PRESIDENT
The president can be removed from office by a process of
impeachment for violation of the constitution however the
constitution does not define the meaning of the phrase violation of the
constitution the impeachment charges can be initiated by either house
of parliament. These charges should be signed by one-fourth members
of the house and a 14 days’ notice should be given to the president
after the impeachment resolution is passed by a majority of two- third
of the total membership of the house, it is sent to the other house,
which should investigate the charges the president has the right to
appear and to be represented at such investigation. If the other house
also sustains the charges and passes the impeachment resolution by a
majority of two-thirds of the total membership, then the president
stands removed from his office from the date on which the bill is so
passed thus an impeachment is a quasi- judicial procedure in the
parliament.
Vacancy in the president`s office
A vacancy in the president`s office can occur in any of the following
ways:
1. on the expiry of his tenure of five years.
2. by his resignation.
3. on his removal by the process of impeachment.
4. by his death.
5. Otherwise, for example, when he becomes disqualified to hold
office or when his election is declared void.
POWER AND FUNCTIONS OF THE PRESIDENT
The power enjoyed and the functions performed by the president can
be studied under the following heads.
1. Executive powers
2. Legislative powers
3. Financial power
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers

EXECUTIVE POWERS
THE EXECUTIVE POWERS AND FUNCTIONS OF THE
PRESIDENT ARE:
1. All executive actions of the government of India are formally
taken in his name.
2. He can make rules specifying the manner in which the orders
and other instruments made and executed in this name shall be
authenticated.
3. He can make rules for more convenient transaction of business
of the union government, and for allocation of the said business
among the ministers.
 He appoints the prime minister and the other ministers. They
hold office during his pleasure
 He appoints the attorney general of India and determines his
remuneration the attorney general holds office during the pleasure of
the president.
 He appoints the comptroller and auditor general of India the chief
election commissioners. The chairman and members of the union
public service commission, the governors of states. The chairman and
members of finance commission and so on.
 He can seek any information related to the administration of affairs
of the union and proposals for legislation from the prime minister.
He can require the prime minister to submit, for consideration of the
council of ministers, any matter on which a decision has been taken
by a minister but, which has not been considered by the council.
 He can appoint an inter-state council to promote centre-state and
inter- state cooperation.
 He directly administers the union territories through
administrators appointed by him.

LEGISLATIVE POWERS
He can summon or prorogue the parliament and dissolve the lok
sabha. He can also summon a joint sitting of both the houses of
parliament, which is presided over by the speaker of the lok sabha
 He can address the parliament at the commencement of the first
session after each general election and the first session of each year.
He can send message to the houses of parliament, whether with
respect to a bill pending in the parliament or otherwise.
He can appoint any member of the loksabha to preside over is
proceedings when the offices of both the speaker and the deputy
speaker fall vacant.

Financial Powers:
i) Money bill cannot be presented in Lok Sabha without his approval
ii) It neither can be implemented without his approval
iii) Contingency fund of India is under his control
iv) Finance commission is formulated by him
v) President supervises whether budget is prepared and presented in
time.

Judicial Powers:

i) The president appoints the Chief Justice of the Union Judiciary and
other judges on the advice of the Chief Justice. The President
dismisses the judges if and only if the two Houses of the Parliament
pass resolutions to that effect by two-thirds majority of the members
present.
ii) If they consider a question of law or a matter of public importance
has arisen they can ask for the advisory opinion of the Supreme Court.
They may or may not accept that opinion.
iii) He/ She enjoys the judicial immunity:
(a) No criminal proceedings can be initiated against him/her during
his/ her term in office.
(b) He/She is not answerable for the exercise of his duties.
iv) He appoints the attorney general of India to give legal assistance
v) He/ She has the right to grant pardon. He/ She can suspend, remit
or commute the death sentence of any person. The President of India
can grant a pardon to or reduce the sentence of a convicted person for
one time, particularly in cases involving punishment of death. The
decisions involving pardoning and other rights by the president are
independent of the opinion of the Prime Minister or the Lok Sabha
majority. In most other cases, however, the President exercises his or
her executive powers on the advice of the Prime Minister.

Military Powers:

i) He appoints the commander in chief of Army, Navy, Air force

ii) He has the power to declare war and call for peace.
iii) All important treaties and contracts are made in president’s name.

DIPLOMATIC POWERS
The international treaties and agreements are negotiated and
concluded on behalf of the president however, they are subject to the
approval of the parliament. He represents India in international
forums and affairs and sends and receives diplomats like
ambassadors, high commissioners, and so on.

Emergency powers
In addition to the normal powers mentioned above, the constitution
confers extraordinary powers on the president to deal with the
following three types of emergencies:
a. National emergency (Article 352);
b. President`s rule (Article 356 & 365); and
c. Financial emergency (Article 360)
 Prime Minister
In the scheme of parliamentary system of government provided by the
constitution, the president is the normal executive authority and
Prime minister is the real executive authority, in other words,
president is the head of the state while prime minister is the head of
the government.

APPOINTMENT OF THE PRIME MINISTER

Article 75 says only that the prime minister shall be appointed by
the president
The president has to appoint the leader of the majority party in the
lok sabha as the prime minister.
The president may first appoint him the prime minister and then ask
him to prove his majority in the lok sabha within a reasonable period.

OATH, TERM AND SALARY

1. To bear true faith and allegiance to the constitution of India,
2. To uphold the sovereignty and integrity of India,
3. To faithfully and conscientiously discharge the duties of his office,
and
4. To do right to all manner of people in accordance with the
constitution and the law, without fear or favour, affection or ill will

The term of the prime minister is not foxed so long as the prime
minister enjoys the majority support in the lok sabha he cannot be
dismissed by the president. However if he loses the confidence of the
lok sabha he must resign or the president can dismiss him.

POWER AND FUNCTIONS OF THE PRIME

MINISTER
IN RELATION TO COUNCIL OF MINISTERS
1. He recommends person who can be appointed as ministers by the
president.
2. He allocate and reshuffles various portfolios among the minister.
3. He can ask a minister to resign or advise the president to dismiss
him in case of difference of opinion.
4. He president over the meeting of council of ministers and
influences its decision.
5. He guides, directs, controls, and coordinates the activities of all the
ministers.
6. He can bring about the collapse of the council of ministers by
resigning from office.
The resignation or death of an incumbent prime minister
automatically dissolves the council of ministers and thereby generates
a vacuum.

IN RELATION TO THE PRESIDENT

1. He is the principle channel of communication between the
president and the council of ministers.
a) To communicate to the president all decisions of the council of
minister relating to the administration of the affairs of the union and
proposals for legislation;
b) To furnish such information relating to the administration of the
affairs if the union and proposals for legislation as the president may
call for; and
c) If the president so requires, to submit for the consideration of the
council of ministers any matter on which a decision has been taken by
a minister but which has not been considered by the council.

2. He advises the president with regard to the appointment of

important officials like attorney general of India.

IN RELATION TO PARLIMENT
1. He advises the president with regard to summoning and proroguing
of the sessions of the parliament.
2. He can recommend dissolution of the lok sabha to president at any
time.
3. He announces government policies on the floor of the house.

OTHER POWER & FUNCTIONS

1. He is the chairman of the planning commission, national
development council, national integration council, inter- state council
and national water resources council.
2. He plays a significant role in shaping the foreign policy of the
country.
3. He is the chief spokesman of the union government.
4. He is the crisis manager- in –chief at the political level during
emergencies.
5. As a leader of the nation, he meets various section of people in
different states and receives memoranda from them regarding their
problems, and so on
6. He is leader of the party in power.
7. He is political head of the services.

Council of Ministers

The Prime Minister of India is the Head of the Union (Federal)

Government, as distinct from the President of India, who is the Head
of State. Since India has adopted the Westminster model of
constitutional democracy, it is the Prime Minister who oversees the
day-to-day functioning of the Union (Federal) Government of India.
The Prime Minister is assisted in this task by his Council of Ministers.

Article 75 lays down six rules regarding the organisation of the

Council of Ministers. They are:
• The Prime Minister shall be appointed by the President and the other
ministers shall be appointed by the President upon the advice of the
Prime Minister.
• The ministers shall hold office during the pleasure of the President.
• The council of ministers shall be collectively responsible to Lok
Sabha.
• Before a minister enters upon his office, the President shall
administer to him the oath of office and secrecy.
• A minister, who for any period of six months is not attending the
sessions, will lose his candidature.
• The salaries and allowances of ministers shall be such that
Parliament may from time to time determine by law.

Cabinet Minister
Senior minister in-charge of a ministry. A cabinet minister may also
hold additional charges of other Ministries, where no other Cabinet
minister is appointed.
Minister of State
Minister of State either holds an independent charge of a small
department or is attached to a Cabinet Minister, whereas the
departments like Home, External affairs, Defence, Finance,
Agriculture have 2 or 3 Ministers of State. Such ministers attend the
meetings of the Cabinet only when they are invited to do so by the
Prime Minister or the cabinet.

Deputy Ministers

They are helping ministers attached to the Cabinet Ministers or the

Ministers of State. No Deputy Minister holds an independent charge
of any department. His function is to help the minister under whom he
works. They are mainly, given the responsibility to prepare answers to
the parliamentary questions pertaining to their respective departments
and to help the process of getting the Government Bills passed by the
Parliament.

Powers and functions of Union Council of Ministers:

1. Executive Powers: The Council of Ministers are the real

executive. The executive powers enjoyed by the President of
India are in reality exercised by Council of Ministers. In
discharging of his executive powers, the President always acts
upon the advice of Council of Ministers. The Cabinet,
formulates the policies which are to be submitted to the
Parliament for approval, gets the policies approved by the
Parliament, and runs the administration of the Union in
accordance with the policies approved by the Parliament and co-
ordinates the working of different departments of the
government. The cabinet plays a pivotal role in framing
economic policies. All higher appointments are made by the
President, in consultation with the Council of Ministers. Hence
Council of Ministers are the real executives.

2. Legislative Powers: Council of Ministers are both the executive

heads of government departments and the members of the
Parliament. They take full and active part in the deliberative
legislative, financial, electoral, constitutional functions of the
Parliament. Ministers take full part in Parliamentary debates. A
 bill not supported by the Council of Ministers cannot get passed
in the Parliament because the ministry enjoys the support of the
majority.

3. Financial Powers: Parliament is the custodian of national

finances and in this respect exercises all the powers in the
financial sphere. However, in practice, the Cabinet plays a
leading role in this sphere also. The budget is prepared by the
Cabinet (Finance Minister). Besides providing estimated income
and expenditure of the government in the coming financial year,
it lays down the fiscal policies of the government. All proposals
for additional taxes emanate from the Cabinet.
 State Executive: Governor

Governor functions as an agent of the central government in the state.

➢ Every state has a Governor. Governor is the executive head of the
state.
➢ He is considered as the 1st citizen of the state.
➢ He exercises same powers and privileges in the state, which the
President has in the union.

Article 153 of the Constitution of India provides that “There shall be a

Governor for each State”. However, one person can function as a
Governor for two or more States.

Eligibility:
i) He must be the citizen of India
ii) He must have attained 35 years of age
iii) He should not possess the office of profit either under Central
government or under State Government.
iv) The Governor shall not be a member of either house of Parliament or
of the Legislature of any state.

Appointment:
Article 155 says that “Governor of the State shall be appointed by the
President”. Governors are appointed by the President. Theoretically
President has the full powers regarding the choice and appointment of
the Governors. President seeks the advice of the Cabinet (Prime
Minister and his Cabinet) before the appointment of the Governor.
Governor will be appointed by the Central Government. Two
conventions seemed to have established with regard to the appointment
of the governor

Powers and Functions of the Governor:

1. Legislative powers
A governor is an integral part of the state legislature. In that capacity, he
has the following legislative powers and functions:

1. He can summon or prorogue the state legislature and dissolve the

state legislative assembly.
2. He can address the state legislature at the commencement of the first
session after each general election and the first session of each year.
3. He can send messages to the house or houses of the state legislature,
with respect to a bill pending in the legislature or otherwise.
4. He can appoint any member of the state legislative assembly to
preside over its proceedings when the offices of both the speaker fall
vacant.
5. He nominates one- sixth of the members of the state legislative
council from amongst persons having special knowledge or practical
experience in literature, science, arts, cooperative movement and social
service.
6. He can nominate one member to the state legislature assembly from
the anglo- India community.
7. He decides on the question of disqualification of members of the state
legislature in consultation with the election commission.
(b) Reserve the bill for the consideration of the president.

Executive Functions:

i) Governor appoints Chief Minister and his council of minister.

Theoretically speaking Governor may appoint any person as the Chief
Minister.
ii) Governor is the nominal executive of the state government and all the
administrative actions are taken in his name.
iii) All major appointments at the state level are made by the Governor
(Advocate general, Chairman of State Public Service Commission etc.)
iv) When no single party is having a clear majority, the Governor can
play an active and deterministic role in the appointment of the Chief
Minister. He may also recommend the imposition of President’s rule in
a state when the elections result into a Hung Vidhana Sabha.
v) Governor will be the ex-officio chancellor of Universities situated in
the state.
vi) He has a dual role to play – as a constitutional head of the state as
well as a representative of the Centre.

Financial Powers:

i) Money bill may be introduced in Legislative Assembly only with the

prior permission of the Governor.
ii) Governor enjoys complete control over the State Contingency fund.
iii) Governor monitors that the state budget is prepared and presented in
time.

Judicial Powers:
The Governor of the state has some judicial powers. He can influence
the appointments, postings and promotions of the district judges and
other judicial officials. Under article 161, he has the power to grant
pardon, reprieve or remission of punishment or to suspend, remit or
commute the sentences of any person, convicted of any office against
any law relating to the matter to which the executive authority of the
State extends. The President, also consults the Governor of the State
while appointing the Chief Justice and other Judges of State High Court.

Other Function:
The Governor receives the annual report of the State Public Service
Commission and passes it on to the Council of Ministers for Comments.
Thereafter, he passes on the report and these comments to the Speaker
of the Assembly for placing it before the legislature. In case he feels that
the State administration cannot be run in accordance with the provisions
of the Constitution, he can send a report under Article 356 to the
President, recommending the imposition of President’s rule. Whenever
the Presidential rule is being imposed, the Governor looks after the
administration of the State. President’s rule in the State really means
Governor’s rule.

Miscellaneous functions:
The Governor acts as the chairman of all the state commissions as well
as he acts as the chancellor of all the state universities.
 Chief Minister
The Chief Minister is the most powerful functionary of the State
Government. He is the head of the State Council of Ministers, which is
the real executive. The Chief Minister, as such, can be described as the
real executive head of the State Government and in his capacity
exercises vast and real powers. As the leader of his State, the leader of
the majority party, the head of the State Council of Ministers, the Chief
Advisor to Governor and the Representative of the people of the state,
the Chief Minister plays a leading and powerful role in the
administration of the State.

Method of Appointment:
Theoretically, Chief Minister is appointed by the Governor. But it does
not mean that the Governor is free in the selection of the Chief Minister.
In practice, he has no real choice open to him because after the
elections, the party, which secures majority in the State Legislative
Assembly, elects its leader and communicates the same to the Governor.
The Governor then formally summons and designates him as the Chief
Minister and asks him to for his Council of Ministers. In case no party
gets a clear majority in the State Assembly, the Governor, asks the
leader of the single largest party to form the government.

Tenure:

Chief Minister holds office during the pleasure of the Governor, which
means, so long as he enjoys the confidence of the Legislative Assembly
i.e., majority support in Legislative Assembly. Legislative Assembly
may pass a vote of no-confidence against Chief Minister and in such a
case the Governor asks the Chief Minister to prove his majority, failing
which, the Chief Minister either submits his resignation to the Governor
or gets dismissed by the Governor.

Powers and Functions of the Chief Minister

The Chief Minister is the real executive head of the State. His powers
and functions can be discussed as follows;

1. Formation of the Council of Ministers: The task of formation of the

ministry begins with the appointment of the Chief Minister by the
Governor. After assuming the office of Chief Ministership, Chief
Minister prepares a list of persons, who are to be appointed as ministers
in the council of ministers. Chief Minister is free to determine the
strength of his Ministry and also to select the ministers as per his choice.
Chief Minister decides, who amongst them shall be his cabinet
ministers, ministers of cabinet rank, department heads and Board heads
etc.

Allocation of Portfolios:
It is an undisputed privilege of the Chief Minister to allocate portfolios
to his ministers. Which particular department shall be entrusted to which
minister is determined by him. While doing so, he has to select duly
qualified persons for allocating such portfolios. Some of the portfolios
are kept by him.

Chairman of the Cabinet: The Chief Minister is the leader of the

Cabinet. He presides over its meetings. He decides the agenda of its
meetings. In fact all matters are discussed in Cabinet with the approval
and consent of the Chief Minister. It is up to him to accept or reject
proposals for cabinet discussion. Any minister, not finding the policy
acceptable, has no choice except to submit his resignation. The
ministers have to accept the leadership of Chief Minister.

Chief Link between the Governor and the Cabinet: Chief Minister is
the main channel of communication between the Governor and the
Cabinet. He communicates to the Governor all decisions arrived at in
the Cabinet and puts before the Cabinet the views of the Governor.
Chief Minister keeps the Governor informed of all affairs of the
government. This is the sole privilege of the Chief Minister and no other
minister can, on his own, convey the decisions or reveal to the
Governor.

Leader of State Legislative Assembly: All major policies of the state

are announced by him on the floor of the parliament. He can address
Legislative Assembly and official spokesperson of his party. All major
policies of the government are announced by him.

Role in Centre-State Relations: As the real head of the State

administration, Chief Minister has to maintain a good relation with the
Centre. He has to use his position for securing central grants and help. A
good terms with the Central government is necessary for this. He has to
act as a good negotiator.

State Council of Ministers

The task of formation of the ministry begins with the appointment of the
Chief Minister by the Governor. After assuming the office of Chief
Ministership, Chief Minister prepares a list of persons, who are to be
appointed as ministers in the council of ministers. Chief Minister is free
to determine the strength of his Ministry and also to select the ministers
as per his choice. Theoretically Governor formulates the State Council
of Ministries but while doing so, Governor is guided by Chief Minister
who decides, who amongst them shall be his cabinet ministers, ministers
of cabinet rank, department heads and Board heads etc.

Cabinet Ministers: These ministers hold independent charge of the

important departments like finance, home affairs, education etc., They
are responsible for determining the policies of the state. They are
considered very close to the Chief Minister.

Ministers of State: These ministers do not attend the meeting of the

Cabinet and normally do not participate in the process of policy making.
They help the cabinet ministers and are attached to them in their
departments. In some cases they may be given independent charge of
some departments.

Deputy Ministers: These Ministers are not given any independent

charge, instead, they assist ministers. They are attached with either a
Cabinet Minister or a State Minister or with both for assisting them in
the working of their departments.

Powers and Functions of the Council of Ministers

The State Council of Ministers as the real executive exercises vast and
real executive powers. The governor is a nominal executive head. The
State Administration is run by the Council of Ministers in his name. All
executive powers of Governor, except the one in which Governor can
use his discretion as specified in the Constitution, are exercised by the
State Council of Ministers. The Governor acts upon its advice,
particularly under the advice of the State Chief Minister.
The powers and functions of the state council of ministers are discussed
as follows:

Formulation of State Policies: The Council of Ministers has the

responsibility of formulating and determining the policies of the State.
All the policies are discussed and decided upon by it. While policy
formulation is theoretical a function of the entire Council of Ministers,
in practice only the Cabinet performs this task collectively. Further,
each policy bears the imprint of the ideas, views and perceptions of the
Chief Minister.

Running of Administration: The Council of Ministers runs the state

administration. The ministers are responsible for running the
administration of the State in accordance with the policies of the
government and the laws passed by the legislature. Their duty is to see
and ensure that the administration of the State is run in pursuance of the
policies of the government. Each Minister has one or more departments
under his control and is responsible for the administration of those
departments.

Co-ordination Function: The Cabinet is also responsible for securing

co-ordination in the working of various governmental departments.
Without co-ordination among the departments, the smooth sailing of the
State government cannot be ensured. The Cabinet has the responsibility
to resolve conflicts and deadlocks between various departments. All the
ministers are committed to accept the decisions of the Cabinet.

Role in Law Making: The State Council of Ministers plays a key role
in the legislative sphere. It is the ministry which really decides the
legislative programme. The bills moved by the ministers are mostly
passed by the legislature because of the backing of the majority of the
members.

Financial Functions: The Council of ministers really controls the

finances of the State. It determines the fiscal policy of the State. The
Cabinet formulates and implements all development policies and plans.
It manages the finances of the State in accordance with the policy and
budget as passed by the State Legislature.