President

first citizen of India

Electoral College
The elected members of
(a) both the houses of Parliament (M.P)
(b) Legislative Assemblies of the States.
(c) legislative assemblies of UT of Delhi & Puducherry.

Election
1. The system of proportional representation by
means of the single transferable vote.
2. Voting is by secret ballot.
3. All doubts and disputes in election of the President-
Supreme Court’s decision is final.

Qualifications :
1. Citizen of India
2. should have completed 35 years of age.
3. qualified for election as member of Lok Sabha
4. should not hold any office of profit (except sitting
President, Vice President Governor and a Minister
of the Union or any state.)
5. subscribed by atleast 50 elections as proposers and
50 electors as seconders.
6. make a security deposit of Rs. 15,000/- in the
RBI,(returned only when he/she secured One-sixth
of the votes polled.
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Condition of President’s Office
1. Not be a M.P. or M.L.S
2. Should not hold any other office of profit
3. No rent for Rastrapathi Bhavan
4. Emoluments and allowances can not be
diminished during his term of office.

Privileges and Immunities : -

1. He enjoys personal immunity from legal liability for
his official acts.
2. During his term of office, he is immune from any
criminal proceedings, even in respect of his
personal acts. - He can not be arrested
3. However, after giving 2 months notice, civil
proceedings can be instituted against him.

Term of office
1. 5 years
2. He can resign at any time
3. can hold office beyond his term of 5 yr’s until his
successor assumes charge.
4. Eligible for re-election

Impeachment of President
1. impeachment for ‘violation of the constitution’
(Not defined in constitution)
2. can be initiated by either house of parliament. -
should be signed by ¼th members of the house.
3. 14 days notice should be given to the President.

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 4. Passed by a majority of 2/3 rds of the total
membership of that house.
5. quasi-judicial process in the parliament.

Powers and Functions of the President

Executive Powers
1. Appoints
 Prime Minister and the other Ministers,
 Attorney General of India (AGI),
 CAG,
 Chief Election Commissioner and other ECRs,
 Chairman and members of the UPSC,
 the Governor of States,
 Chairman & Members of Finance Commission
etc.
2. directly administers UTs, through administrators
appointed by him.

Legislative Powers

Meeting
1. summon or prorogue the parliament
2. dissolve the Loksabha.
3. Summon Joint sitting of both the Houses.
4. President Address – 1 st Session after each general
election and the first session of each year.

Member
1. appoint any member of the Loksabha to preside
over its proceedings when both the speaker and
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 the Deputy Speaker falls vacant.
2. nominates 12 members of the Rajyasabha-
Special knowledge or practical experience
Literature, Science, art and Social Service.
3. decides on disqualification of M.P in consultation
with the Election Commission.

papers
1. bill is sent to the President
2. can promulgate ordinances when parliament is
not in session.
3. lays the reports of the CAG, UPSC, Finance
Commission and others before the Parliament.

Financial Powers
1. Money bills-introduced in Loksabha only with his
prior recommendation.
2. No demand for grant can be made without his
recommendation.
3. make advances out of the contingency fund of
India.
4. constitutes a Finance Commission after every 5
years

Judicial Power
1. appoints Chief Justice and Judges of S.C. and
H.C. 2. seek advice from the S.C. on any question
of law or fact.
2. grant pardon,commute, reprieve, respite and
remission of punishment.

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Diplomatic Powers
1. international treaties and agreements are
negotiated and concluded on behalf of the
President.
2. However, subjected to the approval of Parliament.

Military Powers
1. He is the Supreme Commander of the defence
forces.
2. He appoints
 The Chief of the Army
 The Chief of the Navy
 The Chief of the Airforce
3. He can declare was or conclude peace, subject
to the approval of the Parliament.

Veto Power
1. President can assent the bill (or)
2. he has three alternatives (veto power)
Absolute Veto – withhold the assent to the bill
Suspensive Veto - Return bill for reconsideration
(if it is not a Money Bill) for reconsideration of
the Parliament. However, if the bill is passed
again, the President must give his assent to the
bill.
Pocket Veto - taking no action

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Presidential Veto over state legislation
When a bill is reserved by governor for President’s
consideration,The President has 3 alternatives
(a) give his assent to the bill
(b) withhold his assent to the bill
(c) may direct the governor to return the bill (if
it is not a money bill) for reconsideration.
(d) If the bill is passed again by the state
legislative with or without amendments,the
president is not bound to give his assent.

Ordinance – Art 123

1. can promulgate an ordinance only when both
the houses of parliament are not in session.
2. President must lay the ordinance before both
the Houses of Parliament when it reassembles.
3. If the ordinance is approved by both the
Houses, it becomes an act.
4. If Parliament takes no action at all, ordinance
ceases to operate by six weeks from the
reassembly of parliament.
5. The maximum life of an ordinance can be six
months and six weeks
6. The President can also withdraw an ordinance
at anytime.
7. However, his power of ordinance – making is not
a discretionary power,-only on the advice of
council of ministers headed by the Prime Minister.

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 VICE PRESIDENT

Second highest office in the country.

Electoral College
Both elected and nominated members of Parliament

Qualifications :
1. qualified for election as member of rajya Sabha
2. subscribed by atleast 20 elections as proposers and
20 electors as seconders.

Term of office-same as president

Removal
1. He can be removed by Rajyasabha resolution
2. Special majority-rajya sabha
3. Simple majority-lok sabha

Powers and Functions

1. acts as the ex-office chairman of Rajyasabha.
2. acts as President when his office become vacant
3. can act as President only for 6 months within which
a new president has to be elected.

Emoluments (4 lakh per month)

1. Not fixed any emoluments for the V.P.
2. draws his salary as Ex-officio chairman of
Rajyasabha
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 GOVERNOR

1. Agent of the central government

2. 7th constitutional amendment act-1956-
appointment of same person as a governor for two
or more states.
3. Appointed by president.

Qualification
1. Citizen of india
2. Completed the age of 35yrs

Additional qualification
1. Should be the outsiders
2. President should consult chief minister of
concerned state before appointment.

Condition of governor’s office

1. Not be a M.P. or M.L.S
2. No rent for Raj Bhavan
3. When same governor appointed for two or more
state-emolument shared by states in propotion
determined by the president.

Term
1. Five years-subjected to the pleasure of the
president
2. Pleasure of the president -not justifiable
3. He may remove governor at anytime.

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4. President may transfer a governor appointed to
one state to another for the rest of the term
5. Governor whose term expired-can be appointed
to same state or other.
6. President can make chief justice of concerned
high court-appointed temporarily as governor.
7. Resign at any time

Powers and function of governor

 Governor has no diplomatic,military or emergency

power.

Executive power
1. All executive action are taken in his name
2. Appoints tribal welfare minister in states of
chattisgarh,jharkhand,madhya pradesh,odisha.
3. Appoints state election commissioner-removal
same as high court judges.
4. Appoints chairman and member of state public
service commision-removal by president only.
5. Can seek information relating to state afffairs from
CM.
6. Recommend constitutional emergency in state to
president.
7. During presidents rule -governor enjoys extensive
executive power.
8. Acts as chancellor of university in the state
9. Appoints the vice-chancellors of university in state

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Legislative power
1. Nominate one member to SLA from anglo-indian
community.
2. Reserves the bill for the president’s consideration.

Financial power
 Constitutes finance commision -every 5 year-to
review financial position of panchayat and
muncipolities.

Judicial power
1. Consulted by president-while appointing
concerned state high court judge.
2. Appoints district judge after consulting state high
court.
3. Appoints persons to judicial service other than
district judge after consulting state high court and
state public service commision.
4. grant pardon,commute, reprieve, respite and
remission of punishment.

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 Prime minister

1. appointed by the President.

2. President usually appoints the leader of the largest
party or coalition in the Loksabha as the Prime
Minister and asks him to seek a vote of confidence
in the House within a month.
3. 1997 S.C - A person who is not a member of either
house of Parliament can be appointed as P.M. for
six months.

salary and allowances that are payable to a M.P.

Powers and functions of the Prime Minister

In Relation to Council of Ministers

1. recommends persons who can be appointed as
ministers by President.
2. allocates and reshuffles various portfolios.
3. can ask a minister to resign or advise the President
to dismiss him in case of difference of opinion.
4. presides over the meeting of council of Ministers.
5. resignation or death of an incumbent Prime
Minister -dissolves the council of ministers -
generate a vacuum.

In Relation to the President

1. Principal channel of Communication between the
President and the Council of Ministers.
2. advises President with regard to the appointment.
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 (a) Attorney General of India
(b) Comptroller and Auditor General of India.
(c) Chairman and members of the UPSC
(d) Election Commissioners.
(e) Chairman and members of the Finance
Commission.

In Relation to Parliament
1. He is the leader of the Lower House.
2. advises the President with regard to summoning
and proroguing of the sessions of the Parliament.
3. recommends dissolution of the Lok sabha to
President at anytime.

Other Powers & Functions

1. the chairman of the NITI Aayog,
2. National Development Council,
3. National Integration Council,
4. Inter State Council and
5. National Water Resources Council.
6. He is the chief spokesman of the Union Govt.

CHIEF MINISTER
 Constitution does not contain any specific
procedure for the selection and appointment of
the Chief Minister.

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 convections of the parliamentary system of
government, the governor has to appoint the
leader of the majority party in the state legislative
assembly as the Chief Minister.
 when no party has a clear majority, then the
governor may exercise his personal discretion in the
selection and appointment of the Chief Minister.
 In such a situation, the governor usually appoints
the leader of the largest party or coalition in the
assembly as the Chief Minister and ask him to seek
a vote of confidence in the House within a month.

POWERS AND FUNCTIONS OF CHIEF MINISTER

 chairman of the State Planning Board.
 vice-chairman of the concerned zonal council by
rotation, holding office for a period of one year at
a time.
 member of the Inter-State Council and the
National Development Council, both headed by
the prime minister.
 the chief spokesman of the state government.
 crisis manager-in-chief at the political level during
emergencies.
 meets various sections of the people and receives
memoranda from them regarding their problems,
and so on.
 He is the political head of the services.

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 CENTRAL COUNCIL OF MINISTERS
1. Prime Minister shall be appointed by the President
2. other Ministers shall be appointed by the President
on the advice of the Prime Minister.
3. minister who is not a member of the Parliament
(either house) for a period of six consecutive
months shall cease to be a minister.

91st Amendment Act of 2003

1. total number of ministers, including PM, in the CoM
shall not exceed 15% of the total strength of Lok
Sabha.
2. A member of either house of Parliament belonging
to any political party who is disqualified on the
ground of defection shall also be disqualified to be
appointed as a minister.

Individual Responsibility
Article 75 -It states that the ministers hold office during
the pleasure of the president.

Collective Responsibility
The council of ministers shall be collectively
responsible to the Lok Sabha.

Previlages of Ministers
A minister who is a member of one House of
Parliament has the right to speak and to take part in
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the proceedings of the other House also, but he can
vote only in the House of which he is a member.

Composition of the Council of Ministers

consists of three categories of ministers:

Cabinet ministers:
 head of important ministries of Central government
 They attend their meetings

Minister of State:
 either given independent charge or can be
engaged with cabinet ministers.
 They are not members of the cabinet and do not
attend the cabinet meetings unless specially
invited when something related to their
ministries/departments are discussed

Deputy Minister:
 They are not given any independent charges
 They are attached to the ministers of cabinets or
ministers of state to assist them
 They are not members of the cabinet and do not
attend cabinet meetings.

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 State Council of Ministers
 The principles of parliamentary system of
government are not detailed in the Constitution;
but two Articles (163 and 164) deal with them in a
broad, sketchy and general manner.
 in the states of Chhattisgarh, Jharkhand, Madhya
Pradesh and Odisha, there shall be a Minister in
charge of tribal welfare who may in addition be in
charge of the welfare of the scheduled castes and
backward classes or any other work.
91st Amendment Act of 2003.
 The total number of ministers, including the chief
minister, in the council of ministers in a state shall
not exceed 15 per cent of the total strength of the
legislative assembly of that state.
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 But, the number of ministers, including the chief
minister, in a state shall not be less than 12.

 If legislative assembly passes a no-confidence

motion against the council of ministers, all the
ministers have to resign including those ministers
from the legislative council.
 Alternatively, the council of ministers can advice
governor to dissolve the legislative assembly on
the ground that the House does not represent
the views of the electorate faithfully and call for
fresh elections.
 The governor may not oblige to council of
ministers which has lost the confidence of the
legislative assembly.

Attorney General of India

Chief Law Officer of the Government of India.

Qualification :
 He must be a citizen of India
 He must be a person who is qualified to be
appointed a judge of the Supreme Court.
 He must have been a judge of some High Court
for 5 years (or) An Advocate of some High Court
for 10 years (or) An eminent jurist, in the opinion
of the President.

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  He should not accept appointment as a
director in any company or corporation without
the permission of the GOI.

Duties and Functions :

1. To give advice to the Government of India upon
such legal matters, -referred by the President.
2. To perform such other duties of a legal character
that are assigned to him by the President.
3. To discharge the functions conferred on him by the
constitution or any other law.
4. The President has assigned
(a) To appear on behalf of the GOI in all cases in
the S.C. in which the GOI is concerned.
(b) To represent GOI in any reference made by
the President to the S.C. under Article 143 of
the constitution.
(c) To appear in any H.C. in any case in which the
GOI is concerned.

Rights and previlages

1. He has the right of audience in all court in the
territory of India.
2. right to speak and to take part in the proceedings
of both the Houses of Parliament of their joint sitting
and any committee of the Parliament of which he
may be named a member, but without a right to
vote.
3. He enjoys all the privileges and immunities that are
available to a member of Parliament.

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 Advocate General of the State
 highest law officer in the state.
Qualification:
 must be a person who is qualified to be appointed
a judge of a high court.
 In other words, he must be a citizen of India and
must have held a judicial office for ten years or
been an advocate of a high court for ten years.

OTHER FACTS

 President is the nominal executive authority ( De

Jure executive).
 P.M. is the Real Executive authority (De Facto
executive).
 Chief Minister is the real executive authority (de
facto executive).
 Governor is the nominal executive authority ( De
Jure executive).
 governor is the head of the state.
 Chief Minister is the head of the government.
 President is the head of the state.
 Prime Minister is the head of the government.

Oath
 President-chief justice of india/senior most judge in
the supreme court
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 Prime minister,council of minister-president
 Governor-chief justice of high court/senior most
judge in the high court.
 Chief minister,council of ministers to state-governor

Appointment
 Governor,attorney general of india-by president
 Attorney general of state-by governor

Term of office
 President,vice president- 5 years
 Governor-5 years(subjected to pleasure of the
president)
 Prime minister,council of minister,-not mentioned in
the constituition(pleasure of the president)
 chief minister,council of minister of state-not
mentioned in the constituition
 (pleasure of the governor)
 Attorney general of india-not fixed(pleasure of the
president)
 Attorney general of state-not fixed(pleasure of the
governor).

Resignation letter
 President-vice president
 Vice president-president
 PM,Council of minister,attorney general of india-
president
 CM,council of minister of state,attorney general of
state-governor

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Salary
 President,Vice president,PM,Council of
minister,governor-determined by parliament
 attorney general of india-determined by president
 CM,council of minister of state-determined by state
legislature
 attorney general of state-determined by governor

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