Unit 2 — Exam Guide

1. Introduction

The President of India is the Head of State and the first citizen of India. Article 52 provides that there shall be a President of India, and Article 53 vests the executive power of the Union in the President, to be exercised either directly or through officers subordinate to the President. India follows a Parliamentary system where the President is a constitutional head who acts on the aid and advice of the Council of Ministers (Art 74).

2. Qualifications (Art 58)

A person shall be eligible for election as President if they:

• Are a citizen of India
• Have completed the age of 35 years
• Are qualified for election as a member of the Lok Sabha
• Do not hold any office of profit under the Government of India, any State Government, or any local authority

3. Election of the President (Art 54 & 55)

A. Electoral College (Art 54)

The President is elected by an Electoral College consisting of:

• Elected members of both Houses of Parliament (Lok Sabha + Rajya Sabha)
• Elected members of the Legislative Assemblies of all States
• Elected members of the Legislative Assemblies of Delhi and Puducherry (added by 70th Amendment, 1992)

B. Manner of Election (Art 55)

The election is held in accordance with the system of proportional representation by means of single transferable vote and the voting is by secret ballot.

To ensure uniformity in representation:

The candidate must secure a quota (majority of valid votes) to win. If no candidate secures the quota in the first count, the candidate with the lowest votes is eliminated and their second-preference votes are transferred. This process continues until a candidate secures the quota.

C. Term and Re-election (Art 56 & 57)

The President holds office for a term of five years from the date of entering office. They are eligible for re-election (Art 57). The President may resign by writing to the Vice-President (Art 56(1)(a)).

D. Impeachment (Art 61)

The President can be removed by impeachment for "violation of the Constitution":

1. A resolution is moved in either House after a 14-day notice signed by at least one-fourth of the total members of that House.
2. The resolution must be passed by a majority of not less than two-thirds of the total membership of that House.
3. The other House investigates the charges (the President has the right to appear and be represented).
4. If the other House also passes the resolution by two-thirds majority of its total membership, the President stands removed from the date of such resolution.

4. Powers and Functions of the President

A. Executive Powers (Art 53, 77, 78)

• All executive action of the Government of India is taken in the name of the President (Art 77).
• Appoints the Prime Minister and on the PM's advice, other Ministers (Art 75).
• Appoints the Attorney General of India (Art 76), Comptroller and Auditor General (Art 148), Chief Election Commissioner and other Election Commissioners (Art 324), Chairman and members of UPSC (Art 316), Governors of States (Art 155), Finance Commission (Art 280), and Judges of the Supreme Court and High Courts (Art 124, 217).
• Appoints Inter-State Council (Art 263) and Commissions to investigate conditions of backward classes (Art 340).
• Administers Union Territories through Administrators appointed by the President (Art 239).
• Can declare any area as a Scheduled Area and has special powers over Scheduled Areas under the Fifth Schedule.

B. Legislative Powers (Art 79, 85, 86, 108, 111, 123)

• The President is an integral part of Parliament (Art 79) — Parliament consists of the President, Rajya Sabha, and Lok Sabha.
• Summoning, Prorogation & Dissolution: The President summons each House, prorogues the Houses, and may dissolve the Lok Sabha (Art 85). The Rajya Sabha cannot be dissolved.
• Address to Parliament: The President addresses both Houses assembled together at the commencement of the first session after each general election and the first session of each year (Art 87).
• Nomination: The President nominates 12 members to the Rajya Sabha from persons having special knowledge in literature, science, art, and social service (Art 80(1)(a)) and 2 Anglo-Indian members to the Lok Sabha (now discontinued after the 104th Amendment, 2019).
• Assent to Bills (Art 111): No Bill can become law without the President's assent. The President may:
  • Give assent — the Bill becomes an Act
  • Withhold assent — the Bill is killed (absolute veto)
  • Return the Bill for reconsideration (suspensive veto) — but if Parliament passes it again with or without amendments, the President must give assent. This power cannot be exercised with respect to Money Bills.
• Ordinance-Making Power (Art 123): When both Houses are not in session, the President may promulgate Ordinances having the same force as an Act of Parliament. The Ordinance must be laid before Parliament within six weeks of reassembly, failing which it ceases to operate.

C. Financial Powers

• No Money Bill can be introduced in Parliament without the prior recommendation of the President (Art 110(3)).
• The Annual Financial Statement (Budget) is laid before Parliament on behalf of the President (Art 112).
• No demand for a grant can be made except on the recommendation of the President (Art 113).
• The President constitutes the Finance Commission every five years (Art 280).
• The Contingency Fund of India is placed at the disposal of the President (Art 267).

D. Judicial Powers (Art 72)

Article 72 confers on the President the power to grant pardon, reprieve, respite, remission, or commutation of punishment:

• Pardon: Completely absolves the convicted person of all punishment and disqualifications.
• Commutation: Substitution of one form of punishment for a lighter one (e.g., death sentence to life imprisonment).
• Remission: Reduction of the period of sentence without changing its character.
• Reprieve: Stay of execution of sentence for a temporary period.
• Respite: Awarding a lesser sentence on special grounds (e.g., pregnancy, physical disability).

The President can exercise this power in cases of court-martial, cases involving Union laws, and death sentences.

Shatrughan Chauhan v. Union of India (2014) — The Court held that unexplained and inordinate delay in disposal of mercy petitions is a ground for commutation of death sentence to life imprisonment.

E. Military Powers

• The President is the Supreme Commander of the Defence Forces of India.
• The President appoints the Chiefs of Army, Navy, and Air Force.
• The President can declare war and conclude peace, subject to the approval of Parliament.

F. Diplomatic Powers

• All international treaties and agreements are negotiated and concluded in the name of the President, subject to the approval of Parliament.
• The President appoints and receives ambassadors and high commissioners.

G. Emergency Powers — Most Important

The President possesses extraordinary powers during emergencies:

• Article 352 — National Emergency (war, external aggression, or armed rebellion)
• Article 356 — State Emergency / President's Rule (failure of constitutional machinery in a State)
• Article 360 — Financial Emergency (threat to financial stability of India)

(Emergency provisions are covered in detail in Unit 5.)

5. Constitutional Position — Aid and Advice (Art 74)

Article 74(1) provides: "There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice."

The 42nd Constitutional Amendment, 1976 made it mandatory for the President to act on the advice of the Council of Ministers.

The 44th Amendment, 1978 added a proviso: the President may require the Council of Ministers to reconsider their advice, but after such reconsideration, the President shall act in accordance with the advice tendered.

6. Discretionary Situations

Although the President generally acts on ministerial advice, certain situations involve personal discretion:

• Appointment of the Prime Minister when no single party has a clear majority — the President must use judgment to invite a leader who can form a stable government.
• Dismissal of the Council of Ministers when it loses the confidence of the Lok Sabha but refuses to resign.
• Dissolution of the Lok Sabha when the Council of Ministers has lost its majority.
• Exercise of pocket veto — withholding assent to a Bill indefinitely without returning it.

U.N.R. Rao v. Indira Gandhi (1971) — The Court held that even when the Lok Sabha is dissolved, the Council of Ministers does not cease to hold office.

7. Important Case Laws — Summary

• Ram Jawaya Kapur v. State of Punjab (1955) — President is a constitutional head.
• Samsher Singh v. State of Punjab (1974) — Must act on ministerial advice.
• R.C. Cooper v. Union of India (1970) — Ordinance power is judicially reviewable.
• Kehar Singh v. Union of India (1989) — Pardoning power is not reviewable on merits but can be tested for fairness.
• S.R. Bommai v. Union of India (1994) — President's Rule under Art 356 is subject to judicial review.

8. Conclusion

The President of India occupies a position of dignity and authority as the Head of State, but the real executive power is exercised by the Council of Ministers headed by the Prime Minister. The President's role is largely ceremonial and symbolic, functioning as a guardian of the Constitution. However, in times of political instability — such as hung parliaments, minority governments, or constitutional crises — the President's discretionary powers assume critical importance. The President serves as the "safety valve" of the Constitution, ensuring stability and continuity of democratic governance.

1. Introduction

Article 79 states: "There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha)."

Parliament is the supreme legislative body of India. It embodies the will of the people and is the forum for democratic debate, law-making, and executive accountability.

2. Composition of Parliament

A. Rajya Sabha — Council of States (Art 80)

• Maximum strength: 250 members — 238 representatives of States and Union Territories (elected), and 12 nominated by the President from persons having special knowledge in literature, science, art, and social service.
• Members are elected indirectly by elected members of State Legislative Assemblies through the system of proportional representation by single transferable vote.
• Rajya Sabha is a permanent body — it is not subject to dissolution. One-third of its members retire every two years.
• Each member serves a term of six years.
• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha (Art 89).

B. Lok Sabha — House of the People (Art 81)

• Maximum strength: 552 members — 530 representing States, 20 representing Union Territories (all directly elected), and 2 nominated Anglo-Indian members (discontinued from 2020 after 104th Amendment).
• Members are directly elected by the people on the basis of universal adult suffrage.
• Normal term: five years from the date of its first meeting, unless dissolved earlier by the President.
• During a National Emergency, Parliament can extend the term by one year at a time, but not beyond six months after the emergency ceases (Art 83(2)).
• The Speaker is elected by the members of the Lok Sabha from among themselves (Art 93).

3. Powers and Functions of Parliament

A. Legislative Powers

• Parliament can make laws on all subjects in the Union List (97 subjects) and the Concurrent List (47 subjects).
• In certain situations, Parliament can also legislate on State List subjects (Art 249, 250, 252, 253, 356).
• Residuary powers rest with Parliament (Art 248).

B. Financial Powers

• Parliament controls the "purse of the nation" — no tax can be levied and no expenditure can be incurred without the authority of Parliament.
• The Budget (Annual Financial Statement) must be passed by Parliament (Art 112–117).
• Lok Sabha has supremacy over Rajya Sabha in financial matters — Money Bills can only be introduced in Lok Sabha.

C. Control over the Executive

• The Council of Ministers is collectively responsible to the Lok Sabha (Art 75(3)).
• Parliament exercises control through Question Hour, Zero Hour, Calling Attention Motions, Adjournment Motions, No-Confidence Motions, and Cut Motions.
• A No-Confidence Motion — if passed by the Lok Sabha — compels the Council of Ministers to resign.

D. Constituent Power

Parliament can amend the Constitution under Article 368 by a special majority (and ratification by half the State Legislatures for certain provisions).

E. Electoral Functions

Elected members of Parliament participate in the election of the President (Art 54) and the Vice-President (Art 66). Parliament also elects the Speaker and Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha.

F. Judicial Functions

• Impeachment of the President (Art 61) and removal of Supreme Court and High Court judges (Art 124(4)).
• Punishment for breach of parliamentary privilege.

4. Money Bill (Art 110)

A. Definition

Article 110(1) defines a Money Bill as a Bill that deals only with:

• Imposition, abolition, remission, alteration, or regulation of any tax
• Regulation of the borrowing of money by the Government of India
• Custody of the Consolidated Fund or the Contingency Fund of India
• Appropriation of moneys out of the Consolidated Fund of India
• Declaration of any expenditure as charged on the Consolidated Fund
• Receipt of money or its issue from the Consolidated Fund or the public account of India

B. Special Procedure

1. A Money Bill can be introduced only in the Lok Sabha and only on the recommendation of the President (Art 110(3)).
2. After the Lok Sabha passes the Money Bill, it is transmitted to the Rajya Sabha for its recommendations.
3. The Rajya Sabha must return the Bill within 14 days with or without recommendations.
4. The Lok Sabha may accept or reject any or all recommendations of the Rajya Sabha.
5. If the Rajya Sabha does not return the Bill within 14 days, the Bill is deemed to have been passed by both Houses.

C. Money Bill vs. Financial Bill

5. Joint Sitting of Parliament (Art 108)

In case of a deadlock between the two Houses on an Ordinary Bill, the President may summon a joint sitting of both Houses. The Bill is passed by a majority of total members present and voting. The Speaker of the Lok Sabha presides over the joint sitting.

6. Important Case Laws

• Raja Ram Pal v. Hon'ble Speaker (2007) — Parliamentary proceedings can be subjected to judicial review if they suffer from substantive illegality or unconstitutionality.
• Kihoto Hollohan v. Zachillhu (1992) — Upheld the Tenth Schedule (anti-defection law) and the Speaker's powers under it, but held that the Speaker's decision is subject to judicial review.
• Rojer Mathew v. South Indian Bank (2019) — The Supreme Court struck down the Finance Act 2017 provisions relating to tribunal appointments, holding that the Act was incorrectly passed as a Money Bill as those provisions did not fall within Art 110(1).

7. Conclusion

Parliament is the highest law-making body in India and the cornerstone of representative democracy. Its bicameral structure ensures that legislation receives thorough deliberation — the Lok Sabha representing the will of the people directly, and the Rajya Sabha providing a forum for the States and for sober reconsideration. The special procedure for Money Bills reflects the supremacy of the Lok Sabha in financial matters, consistent with the principle that the elected chamber must control the purse. Together, the legislative, financial, constituent, and oversight functions of Parliament ensure both democratic governance and executive accountability.

1. Introduction

India follows a Parliamentary system of government based on the Westminster model. Under this system, the Council of Ministers headed by the Prime Minister (at the Centre) or Chief Minister (at the State) is the real executive authority. While the President/Governor is the nominal head, all executive decisions are made by the Council of Ministers. Article 74 (Centre) and Article 163 (State) establish the Council of Ministers to aid and advise the President and Governor respectively.

2. Council of Ministers at the Centre (Art 74–75)

A. Appointment (Art 75)

• The Prime Minister is appointed by the President (Art 75(1)). By convention, the President appoints the leader of the majority party in the Lok Sabha as PM.
• Other Ministers are appointed by the President on the advice of the Prime Minister.
• Ministers hold office during the pleasure of the President — but in practice, this means during the pleasure of the PM.

B. Categories of Ministers

The Council of Ministers has three tiers:

• Cabinet Ministers: Attend Cabinet meetings, hold charge of important ministries (Home, Defence, Finance, External Affairs). They are the top-tier decision-makers.
• Ministers of State: May be given independent charge of ministries or attached to Cabinet Ministers to assist them. They attend Cabinet meetings only when specifically invited.
• Deputy Ministers: Assist Ministers of State or Cabinet Ministers. They do not attend Cabinet meetings.

C. Oath of Office (Art 75(4))

Before entering office, a Minister must take an oath of office and secrecy administered by the President.

D. Must be a Member of Parliament (Art 75(5))

A Minister who is not a member of either House of Parliament for a continuous period of six consecutive months shall cease to be a Minister.

3. Collective Responsibility (Art 75(3))

Article 75(3) states: "The Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha)."

This is the cornerstone of Parliamentary democracy. Its implications:

• The entire Council of Ministers sinks and swims together — if the Lok Sabha passes a No-Confidence Motion, the entire Council must resign, not just the PM.
• Ministers must publicly support all Cabinet decisions, even if they personally disagree. They can express dissent within the Cabinet, but once a decision is taken, all ministers must stand by it.
• If a Minister disagrees with a policy, the only option is to resign.
• The Cabinet system of government ensures unity of executive action.

4. Individual Responsibility (Art 75(2))

Article 75(2) provides that Ministers hold office during the pleasure of the President. In practice, this means:

• The PM can advise the President to dismiss a Minister at any time.
• If a Minister differs from the PM, the PM may ask them to resign — failure to do so may result in the PM advising the President to remove them.
• This gives the PM supremacy within the Council of Ministers.

5. Role of the Prime Minister

The Prime Minister occupies a pivotal position in the Indian political system:

• Head of the Council of Ministers — all ministers are appointed and removed on PM's advice.
• Link between President and Council of Ministers (Art 78) — communicates all decisions to the President, furnishes information the President may call for.
• Leader of the Lok Sabha — determines the legislative programme.
• Chairman of key bodies — NITI Aayog, National Development Council, Nuclear Command Authority, National Integration Council, etc.
• Crisis manager — advises the President on all major appointments and emergency matters.

6. Council of Ministers at the State Level (Art 163–164)

The provisions at the State level are analogous to the Centre:

• Article 163 — Council of Ministers with the Chief Minister at the head to aid and advise the Governor. The Governor acts on their advice except in matters where discretion is expressly conferred.
• Article 164(1) — The Chief Minister is appointed by the Governor. Other ministers are appointed by the Governor on the advice of the CM.
• Article 164(2) — The Council of Ministers is collectively responsible to the Legislative Assembly of the State.
• Article 164(1A) — Total ministers shall not exceed 15% of the total strength of the Legislative Assembly (minimum 12).
• Article 164(4) — A Minister who is not a member of the State Legislature for six consecutive months shall cease to be a Minister.

7. Important Case Laws

• S.R. Bommai v. Union of India (1994) — Floor test is the only proper method to test majority; Governor cannot dismiss a government based on personal assessment.
• U.N.R. Rao v. Indira Gandhi (1971) — The Council of Ministers does not cease to hold office upon dissolution of the Lok Sabha; it continues until a new Council is appointed.
• Shamsher Singh v. State of Punjab (1974) — The President and Governor must act on the aid and advice of the Council of Ministers.
• Nabam Rebia v. Deputy Speaker (2016) — The Supreme Court held that the Governor cannot direct a floor test when a no-confidence motion against the Speaker is pending. The Governor must work within constitutional boundaries.

8. Conclusion

The Council of Ministers is the real executive in India's Parliamentary system. The principles of collective responsibility and individual ministerial responsibility ensure democratic accountability — the government must always command the confidence of the elected legislature. The Prime Minister, as the head of the Council, is the most powerful functionary in the Indian democratic system, bridging the gap between the Legislature and the Executive and ensuring coherent governance. The constitutional scheme ensures that while power is concentrated, it remains accountable to the people through their elected representatives.

1. Introduction

The Governor is the constitutional head of a State, occupying a position analogous to the President at the Centre. Article 153 provides that there shall be a Governor for each State. Article 154 vests the executive power of the State in the Governor, to be exercised directly or through officers subordinate to the Governor. However, unlike the President who is elected, the Governor is appointed by the President (Art 155), making the Governor a nominee of the Centre in the State.

2. Qualifications (Art 157–158)

• Must be a citizen of India
• Must have completed the age of 35 years
• Shall not be a member of either House of Parliament or of any State Legislature
• Shall not hold any office of profit

3. Appointment and Tenure (Art 155–156)

• Appointed by the President by warrant under his hand and seal (Art 155).
• Holds office for a term of five years, but serves during the pleasure of the President (Art 156(1)).
• The President can remove the Governor at any time without assigning any reason — this has been a source of controversy in Centre-State relations.

4. Powers and Functions of the Governor

A. Executive Powers (Art 154, 166, 167)

• All executive actions of the State Government are taken in the name of the Governor (Art 166).
• Appoints the Chief Minister and on the CM's advice, other Ministers (Art 164).
• Appoints the Advocate General of the State (Art 165), Chairman and members of the State Public Service Commission (Art 316), and State Election Commissioner (Art 243K).
• Appoints Vice-Chancellors of State universities (under respective State University Acts).
• Administers Scheduled Areas under the Fifth Schedule with wide discretionary powers.

B. Legislative Powers (Art 174–177, 200, 213)

• Summoning, Prorogation & Dissolution: The Governor summons the State Legislature, prorogues it, and may dissolve the Legislative Assembly (Art 174).
• Address: The Governor addresses the first session after general elections and the first session of each year (Art 176).
• Nomination: Nominates one-sixth of the members of the State Legislative Council from persons having special knowledge in literature, science, art, cooperative movement, and social service (Art 171(3)(e)).
• Assent to Bills (Art 200): The Governor may:
  • Give assent to the Bill
  • Withhold assent (absolute veto)
  • Return the Bill for reconsideration (suspensive veto) — not applicable to Money Bills. If the Legislature repasses it, the Governor must give assent.
  • Reserve the Bill for Presidential consideration — a unique power not available to the President. Bills reserved must be acted upon by the President, who may give assent, withhold assent, or direct the Governor to return it.
• Ordinance Power (Art 213): When the State Legislature is not in session, the Governor may promulgate Ordinances with the same force as a State Act. Ordinances must be laid before the Legislature within six weeks of reassembly.

C. Financial Powers

• No Money Bill can be introduced in the State Legislature without the prior recommendation of the Governor (Art 207).
• The Annual Financial Statement (State Budget) is presented in the name of the Governor (Art 202).
• The Governor constitutes the State Finance Commission every five years (Art 243I).

D. Judicial Powers (Art 161)

Article 161 — The Governor has the power to grant pardon, reprieve, respite, remission, or commutation of punishment for offences against State laws.

5. Discretionary Powers of the Governor

Article 163(1) states that the Council of Ministers shall aid and advise the Governor, "except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion."

The Governor exercises discretion in the following situations:

• Appointment of Chief Minister — when no party has a clear majority (hung assembly), the Governor must use judgment to invite the leader most likely to form a stable government.
• Dismissal of the Council of Ministers — when the CM refuses to resign after losing majority.
• Dissolution of the Legislative Assembly — when the CM loses majority and advises dissolution to avoid a floor test.
• Reserving Bills for Presidential consideration — under Art 200.
• Recommending President's Rule — reporting to the President under Art 356 that the governance of the State cannot be carried on in accordance with the Constitution.
• Sixth Schedule matters — in States like Assam, the Governor has discretionary powers regarding tribal administration.

6. Governor — Agent of the Centre?

The Governor's dual role — as constitutional head of the State AND as the Centre's representative — has been a source of persistent controversy:

• The Sarkaria Commission (1988) recommended that Governors should be eminent persons from outside the State, should not be active politicians, and should be appointed in consultation with the CM.
• The Punchhi Commission (2010) recommended that the Governor should be given a fixed tenure and should not be removed at will. It also recommended that Art 356 should be used sparingly and only as a last resort.

7. Important Case Laws

• Samsher Singh v. State of Punjab (1974) — The Governor is a constitutional head and must act on the advice of the Council of Ministers.
• S.R. Bommai v. Union of India (1994) — The Governor's report recommending President's Rule is subject to judicial review. Floor test is the proper way to determine majority.
• Rameshwar Prasad v. Union of India (2006) — The dissolution of Bihar Assembly in 2005 was declared unconstitutional. The Governor acted on extraneous grounds and the President's Rule was imposed without constitutional justification.
• Nabam Rebia v. Deputy Speaker (2016) — The Governor cannot direct a floor test while a no-confidence motion against the Speaker is pending.
• B.P. Singhal v. Union of India (2010) — Governor can be removed at will but not arbitrarily.
• State of Punjab v. Governor of Punjab (2023) — The Supreme Court held that the Governor cannot indefinitely withhold assent to Bills passed by the State Legislature. Sitting on Bills is a violation of constitutional duty.

8. Conclusion

The Governor occupies a unique constitutional position — expected to function as an impartial constitutional head of the State while being appointed by and serving at the pleasure of the Centre. This dual role has often made the office controversial, particularly during periods of political conflict between the Centre and States governed by opposition parties. The recommendations of the Sarkaria and Punchhi Commissions to insulate the office from political interference remain largely unimplemented. The judiciary, through landmark decisions like Bommai and Nabam Rebia, has tried to ensure that the Governor acts within the constitutional framework and democratic spirit, rather than as an agent of the ruling party at the Centre.