The State Executive and State Legislature (Articles 152-213)

This section of the Indian Constitution deals with the functioning of state governments in India,
outlining the role and powers of the State Executive and State Legislature. The relevant articles in this
context are Articles 152-213, which provide a framework for the governance structure at the state
level.

State Executive (Articles 153-167)

The State Executive refers to the body responsible for the execution and administration of laws and
governance in the state. It consists of the Governor, the Council of Ministers, and the Attorney
General for the State.

1. Governor (Articles 153-161): The Governor is the head of the State Executive and represents
the President of India at the state level. The Governor’s role is largely ceremonial, though
they hold significant constitutional powers. They are appointed by the President and serve as
a link between the Union and the State. The key functions of the Governor include:

o Appointing the Chief Minister and other ministers in the state.

o Assenting to Bills passed by the state legislature. In some cases, they can withhold
assent or reserve a bill for the President's consideration.

o Summoning and proroguing sessions of the state legislature and dissolving the
Legislative Assembly.

o Promulgating ordinances when the legislature is not in session, on matters that

require immediate attention.

o Reporting to the President on matters related to the administration of the state,

including the breakdown of law and order or any other issue affecting the
governance of the state.

The Governor's powers are, however, exercised under the advice of the Council of Ministers, led by
the Chief Minister.

2. Council of Ministers: The Council of Ministers at the state level functions similarly to the
Union Cabinet. It is headed by the Chief Minister, who is the principal executive officer of the
state. The Council of Ministers aids and advises the Governor in the exercise of his functions.
The key roles of the Council of Ministers include:

o Formulating policies and decisions related to governance, economic management,

and public welfare.

o Implementing laws and ensuring the proper execution of state-level legislation.

o The Chief Minister and his cabinet also play an important role in advising the
Governor on the dissolution of the Legislative Assembly and other major decisions
related to the governance of the state.

3. Attorney General for the State: Similar to the Attorney General of India at the Union level,
the Attorney General for the State is the chief legal advisor to the state government. They
represent the state government in legal matters and advise the government on legal issues.
 The Attorney General can also appear in courts on behalf of the state in matters of
constitutional importance or disputes.

State Legislature (Articles 168-213)

The State Legislature is responsible for lawmaking at the state level and can function either as a
unicameral legislature or bicameral legislature, depending on the state. The structure and
functioning of the State Legislature are outlined in Articles 168-213.

1. Legislative Structure:

o Bicameral System: Some states have a bicameral legislature, consisting of two

houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan
Parishad). The Legislative Assembly is the lower house, while the Legislative Council
is the upper house. States like Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh have a bicameral system.

o Unicameral System: Most states, however, have a unicameral legislature, meaning

they have only one house—the Legislative Assembly (Vidhan Sabha). States like Goa,
Punjab, and Tamil Nadu follow this system.

2. Legislative Powers: The legislative powers of the state are akin to the Union Parliament but
confined to the matters in the State List and Concurrent List under the Constitution. The
State Legislature has the authority to make laws on subjects enumerated in the State List,
which pertains to matters of local or regional importance, such as police, public health, and
local governance. The State Legislature’s lawmaking powers include:

o Introducing Bills: The State Legislature can introduce bills on any matter within its
jurisdiction. Bills can be introduced in either house, but they need to pass through
both houses (if bicameral) before being sent to the Governor for assent.

o Passing Laws: For a bill to become a law, it must be passed by both houses of the
legislature (in a bicameral state) and be assented to by the Governor.

o Governor's Role in Lawmaking: After a bill is passed by the State Legislature, it is

sent to the Governor for approval. The Governor can either give their assent,
withhold assent, or reserve the bill for the President’s consideration, particularly if it
conflicts with the provisions of the Constitution or national interests. In the case of
ordinances, the Governor can also issue them when the legislature is not in session,
subject to the same conditions as regular laws.

Additionally, the State Legislature has the power to amend state laws and formulate new policies
that are in line with the state's needs and requirements.

In conclusion, the State Executive and Legislature are central to the governance of each state, with
the Governor representing the Union, the Council of Ministers functioning as the executive body, and
the State Legislature handling lawmaking. Their interrelationship, alongside the checks and balances
provided by the Constitution, ensures a balanced system of governance in each state of India.

Parliamentary Privileges (Articles 105 and 194)

Parliamentary privileges are special rights, immunities, and protections granted to members of the
Parliament and State Legislatures. These privileges are crucial for maintaining the independence and
functioning of the legislative bodies, enabling lawmakers to perform their duties effectively without
external interference. Articles 105 and 194 of the Indian Constitution outline these privileges at the
Union and State levels, respectively.

Article 105 (Union Parliament)

Article 105 deals with the powers, privileges, and immunities of members of Parliament (MPs) in
India. It ensures that members of the Union Parliament can carry out their duties without fear of
external influence or interference. The key privileges under this article include:

1. Freedom of Speech in Parliament: MPs enjoy the freedom to speak in both Houses of
Parliament (Lok Sabha and Rajya Sabha) without the fear of facing legal action for anything
they say during parliamentary proceedings. This privilege ensures that legislators can discuss
any matter of public importance openly and frankly within the parliamentary framework.

2. Exemption from Jury Duty: MPs are exempted from serving on jury duty while the
Parliament is in session. This ensures that they can focus on their parliamentary duties
without being distracted by other obligations, such as participating in judicial proceedings.

3. Privilege of Arrest: MPs have special protection from arrest during the period when
Parliament is in session. They cannot be arrested for any civil or criminal matters unless they
are involved in serious crimes. This privilege is provided to ensure that legislators can
participate in the proceedings of Parliament without fear of arrest or detention that could
hinder their legislative functions.

Article 194 (State Legislature)

Article 194 provides similar privileges to members of the State Legislature as Article 105 provides to
MPs at the Union level. These privileges apply to members of the Legislative Assembly (Vidhan
Sabha) and the Legislative Council (Vidhan Parishad) at the state level. The key privileges under
Article 194 include:

1. Similar Privileges for State Legislators: Just like Article 105 for Union Parliament members,
Article 194 ensures that members of the State Legislature enjoy the same freedoms and
protections, such as:

o Freedom of Speech in the State Legislature: Legislators at the state level are granted
the right to speak freely in the Legislative Assembly or Legislative Council, without
the fear of legal repercussions.

o Exemption from Jury Duty: State legislators are also exempt from serving jury duty
during legislative sessions to ensure their full participation in legislative affairs.

o Privilege of Arrest: Members of the State Legislature are protected from arrest
during legislative sessions, except in cases involving serious criminal offenses.

These privileges ensure that state legislators can perform their duties without external interference,
allowing for robust and effective governance at the state level.

The Union Executive and Parliament (Articles 52-123)

The Union Executive and Parliament represent the core institutions of the national government in
India. They ensure the functioning of the country’s governance and play a critical role in the decision-
making process. This section covers the President, Vice President, Council of Ministers, Parliament,
and their functions, as outlined in Articles 52-123 of the Indian Constitution.

Union Executive (Articles 52-78)

The Union Executive consists of the President, Vice President, the Council of Ministers, and the
Attorney General. These institutions are essential to the implementation and administration of laws
and policies at the national level.

1. President of India (Articles 52-71): The President is the ceremonial head of the state and the
supreme commander of the armed forces. Though the President holds substantial
constitutional powers, these are exercised mainly on the advice of the Prime Minister and
the Council of Ministers. The President’s key powers and functions include:

o Executive Powers: The President appoints the Prime Minister, other ministers, and
key officials like the Governor of states, Chief Justice of India, and Election
Commissioners. The President also promulgates ordinances when Parliament is not
in session.

o Legislative Powers: The President summons, prorogues, and dissolves sessions of

Parliament. They assent to or withhold assent from bills passed by Parliament.

o Judicial Powers: The President has the power to grant pardons, reprieves, respites,
or remissions of punishment and can commute sentences.

o Election Process: The President is elected through an indirect election system

involving an electoral college composed of elected members of both Houses of
Parliament and State Legislatures. The election is held through a proportional
representation system.

o Impeachment: The President can be impeached for violation of the Constitution

under a special procedure outlined in the Constitution. A resolution for
impeachment must be passed by a two-thirds majority in both Houses of Parliament.

2. Vice President (Articles 63-71): The Vice President serves as the ex-officio Chairman of the
Rajya Sabha (Council of States) and steps in as the President in case of a vacancy (due to
death, resignation, or impeachment). The key functions of the Vice President include:

o Role and Functions: As the Chairman of Rajya Sabha, the Vice President ensures the
orderly conduct of business, maintains decorum, and decides on matters related to
parliamentary procedures and privileges.

o Election Process: The Vice President is elected by the members of both Houses of
Parliament through a system of proportional representation. The Vice President can
be removed by a resolution passed by a majority in the Rajya Sabha.

3. Council of Ministers (Article 74): The Council of Ministers, headed by the Prime Minister, is
the primary executive body of the Union. The key features of the Council of Ministers
include:

o Prime Minister and Cabinet: The Prime Minister is the head of the government and
leads the Council of Ministers. The Cabinet, comprising senior ministers, is
collectively responsible for government decisions.
 o Collective Responsibility: The Council of Ministers is collectively responsible to the
Lok Sabha (House of the People). If the Lok Sabha passes a vote of no confidence
against the Council, all ministers, including the Prime Minister, must resign.

o Functions: The Council of Ministers is responsible for implementing laws,

formulating policies, and ensuring the day-to-day administration of government
functions.

4. Attorney General (Article 76): The Attorney General of India is the chief legal advisor to the
government of India and represents it in the Supreme Court of India and other courts. The
Attorney General's roles and functions include:

o Legal Advice: The Attorney General advises the government on legal matters, drafts
legal documents, and represents the government in legal proceedings.

o Representation: They represent the government in constitutional matters and cases

where the government is a party.

Parliament (Articles 79-122)

Parliament is the supreme legislative body of India, consisting of two houses: the Lok Sabha and the
Rajya Sabha. It holds significant powers in law-making, financial matters, and overseeing the
executive.

1. Structure of Parliament (Article 79): The Parliament of India consists of two Houses:

o Lok Sabha (House of the People): The Lok Sabha is the lower house of Parliament,
consisting of directly elected members who represent the people of India. The
number of members is determined by population, with each state electing a certain
number of representatives.

o Rajya Sabha (Council of States): The Rajya Sabha is the upper house of Parliament,
representing the states and union territories of India. Members are elected by the
members of the State Legislative Assemblies through a proportional representation
system.

2. Powers of Parliament: Parliament has extensive powers, which include:

o Law-Making Powers: Parliament has the authority to make laws on subjects listed in
the Union List and Concurrent List. Parliament can also amend the Constitution (with
certain exceptions).

o Financial Powers: Parliament controls financial matters, including taxation,

government spending, and the approval of the annual budget. The money bills can
only be introduced in the Lok Sabha.

o Control Over the Executive: Parliament holds the power to scrutinize and control the
executive. Through mechanisms like questions, debates, and discussions, Parliament
ensures that the government is held accountable for its actions.

3. Sessions of Parliament (Article 85): The President of India is responsible for summoning and
proroguing sessions of Parliament. Parliament must meet at least twice a year, and the gap
between two sessions cannot exceed six months. The President can dissolve the Lok Sabha
before its term ends, triggering general elections.
 4. Bills and Procedures:

o Types of Bills: There are several types of bills in Parliament, including Money Bills
(related to taxes and expenditure), Ordinary Bills (other legislative matters), and
Constitutional Amendment Bills (to amend the Constitution).

o Passage of Bills: For a bill to become a law, it must be passed by both Houses of
Parliament and receive the President’s assent. If the President refuses to give assent,
the bill may be reconsidered by Parliament.

o The President’s Role: While the President has the power to withhold assent or
return a bill (except a Money Bill), they cannot reject a Money Bill. The President also
has the power to send bills to state legislatures for their opinion.

Procedure of Election of the President in India

The President of India is the ceremonial head of the Republic of India and is elected through an
indirect election process by an electoral college comprising the elected members of both Houses of
Parliament and the elected members of the Legislative Assemblies of States and Union Territories.

1. Eligibility Criteria for the President

As per Article 58 of the Constitution, the eligibility conditions for a candidate to contest the
presidential election are:

 Indian Citizen: The candidate must be a citizen of India.

 Age: The candidate must have completed 35 years of age.

 Qualifications: The candidate must be eligible to be elected as a member of the Lok Sabha
(House of the People), which means they must be a member of the electorate.

 Other Conditions: The candidate should not hold any office of profit under the government
of India or any state government.

2. Election Process

The President is elected through a proportional representation system using a single transferable
vote (STV). The election follows a detailed process that includes:

1. Electoral College:

o The Electoral College consists of:

 Elected members of Lok Sabha (House of the People)

 Elected members of Rajya Sabha (Council of States)

 Elected members of the Legislative Assemblies of all States and Union

Territories (excluding the Union Territories of Jammu & Kashmir and Delhi in
some cases).

2. Voting System:

o The election uses the single transferable vote system, where each member of the
Electoral College casts one vote. Voters rank the candidates in order of preference
(first preference, second preference, etc.).
 o The votes are counted based on the preferences. If no candidate gets a majority on
the first count, the second and subsequent preferences are taken into account, until
one candidate secures a majority.

3. Value of Votes:

o The value of each vote of the members of the Electoral College is different. The
value of a vote is determined by the population of the state divided by the number
of elected members in the Legislative Assembly of the state. The total value of votes
of all the elected members of the Legislative Assemblies is then added to the total
value of votes of all members of both Houses of Parliament.

o The value of votes for Members of Parliament (MPs) is uniform and is calculated
based on the total number of votes in the state.

4. Majority Requirement:

o The candidate who gets more than half of the total valid votes (majority) from the
Electoral College is declared the winner. If no candidate achieves the required
majority in the first round, the process continues until a candidate crosses the
threshold.

3. Procedure for Nomination:

 A candidate must be nominated by at least 50 members of the electoral college as

proposers and 50 members as seconders.

 The nomination papers must be submitted to the Returning Officer, who is typically the
Secretary of the Rajya Sabha.

4. Term of Office and Re-election:

 The President holds office for five years from the date of assuming office, but they can be re-
elected for subsequent terms.

Pardon Making Powers under the Constitution

The President of India holds significant constitutional powers, and one of the important functions
they perform is the exercise of pardon-making powers. These powers, primarily related to the
judicial system, provide the President with the authority to grant relief to individuals convicted of
crimes. The pardon powers of the President are enshrined in Article 72 of the Indian Constitution,
which lays down the procedure and conditions under which the President may exercise these
powers.

Pardon Powers of the President under Article 72

Article 72 of the Indian Constitution provides the President with the authority to grant pardons,
reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of
any person convicted of a criminal offense. These powers are broad and serve as a mechanism for
ensuring justice and mercy in exceptional cases, allowing the President to override judicial sentences
in specific circumstances.

Key Features of Article 72:

1. Pardon:
 o A pardon completely absolves the individual of the legal consequences of their
conviction. It results in the individual being released from any punishment or
penalties imposed by the judicial system. The effect of a pardon is to wipe out the
conviction itself and restore the individual’s civil rights.

2. Reprieve:

o A reprieve is a temporary delay in the execution of a sentence, especially in the case

of death sentences. It does not change the conviction but gives a person time to seek
further legal remedies or appeal to higher authorities.

3. Respite:

o A respite is the reduction or alteration of the sentence, especially where it relates to

the physical condition of the convict (e.g., granting a lower sentence due to the
convict's age or health).

4. Remission:

o Remission refers to the reduction of the sentence, typically the term of

imprisonment, without altering the nature of the punishment. It is often given when
a convict’s behavior is deemed satisfactory during imprisonment.

5. Commutation:

o Commutation refers to the substitution of a lesser penalty for a greater one. For
example, a death sentence can be commuted to life imprisonment, or a long prison
sentence can be reduced to a shorter one.

Grounds for Exercising Pardon Powers

The President’s pardon powers are exercised in cases where the President believes that the
punishment awarded by the courts is too harsh or unjust, or when there are compelling reasons to
show mercy, such as humanitarian grounds, remorse shown by the convict, or irregularities in the
trial. These powers are typically used in exceptional cases where justice may require clemency rather
than strict adherence to the law.

The powers can be exercised under the following circumstances:

 Death Sentence: The President can grant clemency to those sentenced to death, including
commuting the death penalty to life imprisonment or providing a reprieve.

 Judicial Miscarriage: If there is a possibility that the judicial process or conviction has been
flawed, the President can intervene in the case of persons convicted under such
circumstances.

 Public or National Interest: The President may grant clemency in cases involving individuals
who may have committed a crime but have since contributed positively to society or when
there is a broader public interest involved.

Limitations on the Pardon Power

While the President's pardon powers are extensive, there are some restrictions and limitations. The
President can exercise these powers only in cases where the government’s advice is sought, and
they are typically exercised on the recommendation of the government. The President cannot act
independently in granting clemency and must follow the advice of the Council of Ministers, headed
by the Prime Minister.

The Constitution, under Article 72, also makes it clear that the President’s powers of pardon can be
exercised in relation to offenses against the law of the Union government. The State Governors
possess similar powers but only in relation to offenses committed against the laws of the state, under
Article 161.

Case Law on the Pardon Powers

Several landmark cases have helped clarify and interpret the President’s powers of pardon. Some of
the key case laws in this regard include:

1. Epuru Sudhakar and Anr. v. Government of Andhra Pradesh (2006):

o This case involved the interpretation of the President’s power under Article 72 to
pardon a death sentence. The Supreme Court held that the power of pardon under
Article 72 is not absolute and is subject to certain constitutional constraints. The
Court noted that the President must exercise this power on the aid and advice of the
Council of Ministers and cannot act independently. The Court emphasized that the
power to grant clemency is not to be exercised arbitrarily and must be used
judiciously.

Ordinary Bill and Procedure for Passing an Ordinary Bill

An Ordinary Bill is a type of legislative proposal that deals with ordinary matters not covered under
the special category of Money Bills or Constitutional Amendment Bills. Ordinary Bills are introduced
in either house of Parliament (Lok Sabha or Rajya Sabha), and once passed, they become laws. The
process of passing an Ordinary Bill involves multiple stages to ensure thorough examination and
debate. Here's an explanation of the procedure for passing an Ordinary Bill and the difference
between an Ordinary Bill and a Money Bill.

Procedure for Passing an Ordinary Bill

The process of passing an Ordinary Bill in India involves several steps, which are as follows:

1. Introduction of the Bill:

o An Ordinary Bill can be introduced in either Lok Sabha (House of the People) or
Rajya Sabha (Council of States). It can be introduced by a Minister (Government Bill)
or by any Member of Parliament (MP) (Private Member's Bill).

o The introduction requires a formal motion in the house, and the bill may either be
introduced without any discussion or may be debated.

2. First Reading (Introduction):

o The first reading is the formal introduction of the bill. During this stage, there is no
debate on the content of the bill.

o A formal motion is moved for the introduction, and if there is no objection, the bill is
introduced and distributed to the members.

3. Second Reading (General Debate):

 o This is the most important stage of the bill’s passage. It is divided into two parts:

 General Debate: The general principles of the bill are debated. Members
discuss the objectives and the broader scope of the bill.

 Consideration of the Bill in Detail: The bill is then considered clause by

clause. Amendments may be proposed, and the house votes on them. This
stage may take time depending on the nature of the bill.

4. Committee Stage:

o After the second reading, the bill is referred to a Select Committee or Joint
Committee (if needed) for further scrutiny. The committee reviews the bill in detail
and may hold public hearings or call experts to give their opinions.

o The committee may propose amendments, which are discussed and voted upon by
the full house.

5. Third Reading (Final Approval):

o The third reading involves the final debate on the bill after the committee report. No
further amendments can be made at this stage, and the debate generally focuses on
the final version of the bill.

o A vote is then taken, and if the bill is passed by the house, it proceeds to the other
house (Lok Sabha or Rajya Sabha, depending on where it was introduced).

6. Consideration in the Other House:

o Once the bill is passed in one house, it is sent to the other house for consideration.
The second house can:

 Accept the Bill: The bill may be passed without amendments.

 Reject the Bill: The bill may be rejected entirely.

 Suggest Amendments: The second house may propose amendments, which

are sent back to the first house for approval.

7. Resolution of Disagreements:

o If both houses disagree on the provisions of the bill, they may meet in a Joint Sitting
of Parliament, where both houses vote together to resolve the differences.

8. President’s Assent:

o After both houses pass the bill, it is sent to the President of India for assent. The
President can:

 Give Assent: If the President gives their approval, the bill becomes an Act of
Parliament and becomes law.

 Withhold Assent: The President may choose not to give assent to the bill.
However, this is rare in practice.
  Return the Bill: In the case of an Ordinary Bill (except Money Bills), the
President can return the bill with a request for reconsideration by
Parliament.

Difference Between Money Bill and Ordinary Bill

While both Money Bills and Ordinary Bills are legislative proposals that go through a similar process
of passage, there are distinct differences between them in terms of content, procedure, and
significance.

1. Content and Scope:

 Money Bill:

o A Money Bill is a bill that exclusively deals with matters related to national taxation,
borrowing of money, expenditure, or matters that affect the financial aspects of the
government.

o As per Article 110 of the Indian Constitution, a Money Bill can only deal with
taxation, borrowing, expenditure, or loans. It cannot include other matters.

 Ordinary Bill:

o An Ordinary Bill deals with a variety of subjects not related to finances, such as
public policy, social issues, civil rights, and administrative matters.

o Ordinary Bills can address a wide range of topics from criminal law, administrative
procedures, education, health, etc.

2. Procedure of Passing:

 Money Bill:

o A Money Bill can only be introduced in the Lok Sabha (House of the People) and not
in the Rajya Sabha (Council of States).

o The Rajya Sabha has limited powers in dealing with a Money Bill. It can only suggest
amendments, but it cannot reject the bill. If the Rajya Sabha does not return the bill
within 14 days, the bill is considered passed by Parliament.

o The President's role in Money Bills is crucial. After being passed by both Houses, it
must be presented to the President for immediate assent. The President cannot
withhold their assent to a Money Bill.

 Ordinary Bill:

o An Ordinary Bill can be introduced in either the Lok Sabha or Rajya Sabha.

o The Rajya Sabha has more substantial powers in case of an Ordinary Bill. It can
reject, amend, or delay the bill. If the two houses disagree on a bill, they may hold a
Joint Sitting.
 o The President can withhold assent to an Ordinary Bill, although this is rare. The
President can also return an Ordinary Bill (except Money Bills) for reconsideration by
Parliament.

3. Time Limit:

 Money Bill:

o The time frame for passing a Money Bill in Parliament is stricter. If the Rajya Sabha
does not take any action within 14 days, the Bill is deemed to have been passed by
both Houses.

 Ordinary Bill:

o There is no specific time limit for the passage of an Ordinary Bill. It may take longer
as it can be delayed by the Rajya Sabha through amendments or by the Joint Sitting
process if both Houses do not agree.

4. Role of the Rajya Sabha:

 Money Bill:

o The Rajya Sabha has very limited powers in regard to a Money Bill. It can only
suggest amendments but cannot veto or reject the bill. The Lok Sabha has the final
say on the bill.

 Ordinary Bill:

o The Rajya Sabha has full powers in the case of Ordinary Bills. It can suggest
amendments, debate the bill, and even reject the bill. The Lok Sabha can reconsider
these suggestions or disagree, but the final passage depends on both Houses
agreeing to the bill, or a Joint Sitting being held.

5. Presidential Assent:

 Money Bill:

o The President is obligated to give assent to a Money Bill once it is passed by both
Houses of Parliament.

 Ordinary Bill:

o The President can withhold assent or return an Ordinary Bill (except a Money Bill)
for reconsideration by Parliament.

Privileges of Parliament and Its Members

The privileges of Parliament and its members are specific legal immunities and protections granted
to ensure the independence and effectiveness of legislative functions in India. These privileges are
derived from the Constitution of India, specifically Articles 105 and 194, and are essential for the
smooth functioning of the parliamentary process. These privileges are designed to ensure that the
members of Parliament (MPs) and the state legislatures can perform their duties without undue
external interference or fear of legal consequences.
1. Parliamentary Privileges of Members of Parliament (Article 105)

The privileges of the members of Parliament are the special rights, immunities, and protections that
are given to MPs in their role as legislators. These privileges are primarily meant to safeguard the
rights of MPs and the legislative process. The key privileges include:

A. Freedom of Speech in Parliament:

 Article 105(1) of the Constitution grants MPs freedom of speech within Parliament. This
privilege ensures that MPs can speak freely on any matter within the legislative process
without fear of legal action or defamation.

 This means that anything said in Parliament cannot be used as grounds for defamation suits
in a court of law.

 The speech must be relevant to the matter being discussed, and the Speaker of the House
has the authority to remove any content considered irrelevant or offensive.

B. Immunity from Legal Proceedings:

 MPs cannot be arrested during the session of Parliament, except in cases involving serious
criminal charges (e.g., a sentence for an offense punishable by imprisonment for at least two
years).

 This immunity ensures that the legislative process is not disrupted by the interference of law
enforcement agencies.

C. Exemption from Jury Duty:

 Members of Parliament are exempt from serving on a jury during the session of Parliament.
This ensures that their attendance in the legislative process is not hindered by judicial
responsibilities.

D. Right to Publish Proceedings:

 MPs have the right to publish the proceedings of Parliament. These proceedings are
published in official records such as Lok Sabha Debates and Rajya Sabha Debates. The
publication ensures transparency and allows the public to access information regarding the
legislative activities of their representatives.

E. Powers to Regulate Their Own Procedures:

 Parliament and its committees have the right to regulate their own procedure without
interference from outside authorities. The Speaker and other presiding officers have the
power to control the proceedings and maintain order in the house.

F. Disciplinary Powers:

 Parliament has the power to suspend or expel members for misconduct or breach of the
rules of procedure. This privilege is exercised to maintain decorum and discipline in
Parliament.
2. Privileges of the Parliament as an Institution

Apart from the individual privileges of MPs, Parliament as an institution has certain powers and
immunities to ensure its independence and smooth functioning.

A. Exclusive Right to Legislate:

 Parliament has the exclusive right to make laws on matters enumerated in the Union List (as
per the Seventh Schedule of the Constitution). It can also legislate on matters in the
Concurrent List, subject to the provisions of the Constitution.

B. Right to Control Its Own Procedure:

 Parliament can determine and regulate its own procedure without interference from the
executive or judiciary. This includes adopting rules for the conduct of business in both
Houses (Lok Sabha and Rajya Sabha) and the powers of the Speaker, Chairman, and other
officers.

C. Power of Privilege:

 Parliament has the power to discipline its members in case of any breach of privilege or
contempt. This includes the right to take actions such as suspending a member, imposing a
fine, or even expelling a member if they are found guilty of misconduct.

 This privilege ensures that Parliament operates effectively and does not lose its authority.

D. Protection from Judicial Review:

 The actions taken by Parliament in its legislative capacity cannot generally be subjected to
judicial review. This is because Parliament’s privilege is considered a constitutional
protection that ensures the independence of the legislative body from judicial interference.
However, this does not mean that all actions of Parliament are beyond the reach of the
judiciary, as constitutional limits and principles apply.

3. Privileges of Members of the State Legislature (Article 194)

The privileges of members of the State Legislature (which includes the Legislative Assembly and
Legislative Council) are similar to those of members of Parliament, as outlined in Article 194. The
main privileges include:

A. Freedom of Speech in the Legislature:

 Similar to Article 105, members of the State Legislature enjoy the freedom of speech within
the legislature. They can speak on any matter related to their legislative duties without the
fear of being sued for defamation.

B. Immunity from Arrest:

 Members of the State Legislature are immune from arrest during the session of the state
legislature, except in cases of serious crimes. This ensures that their participation in
legislative proceedings is not hindered by arrest or detention.

C. Exemption from Jury Duty:

  Members of the State Legislature are exempt from jury duty during the legislative session,
as their attendance and participation in the legislative proceedings are paramount.

D. Right to Regulate Its Own Procedure:

 The State Legislature has the right to regulate its own procedures in a manner similar to
Parliament. It can establish rules of procedure for its functioning and take disciplinary action
against its members if necessary.

E. Protection from Legal Action for Actions in Legislature:

 Just like the members of Parliament, members of the State Legislature are protected from
legal action for any statements made or actions taken in the course of their legislative duties.

4. Parliamentary Privileges vs. Constitutional Rights of the Citizens

While the privileges of Parliament and its members are crucial for the functioning of the legislative
process, they also raise important questions related to the rights of citizens and accountability. For
example, while members of Parliament enjoy immunity from arrest, the general public does not have
the same privileges. Similarly, while MPs are granted freedom of speech in Parliament, this does not
extend to making defamatory statements outside Parliament.

However, these privileges are necessary to ensure that the legislature can operate freely,
independently, and without interference from the executive or judicial branches of government.
These privileges also ensure that members of Parliament can perform their duties as representatives
of the people effectively.

Ordinance-Making Power of the Governor

The Ordinance-Making Power of the Governor refers to the authority granted to the Governor
under Article 213 of the Constitution of India to promulgate ordinances when the State Legislature is
not in session. This power allows the Governor to take immediate executive action on urgent matters
that require legislation but cannot wait for the legislative process to be completed due to the
temporary absence of the Legislature. The ordinances made by the Governor have the same force
and effect as laws passed by the State Legislature, but they are subject to specific limitations.

Constitutional Provisions for Ordinance-Making Power (Article 213)

Article 213 of the Constitution of India grants the Governor the power to promulgate ordinances
when the State Legislature is not in session. However, this power is not absolute and is subject to
certain conditions. Below is a breakdown of the provisions under Article 213 regarding the
ordinance-making power:

1. Circumstances for Issuing Ordinance:

 The Governor can promulgate an ordinance when the Legislative Assembly or Legislative
Council of the State is not in session, provided the Governor is satisfied that there are
circumstances requiring immediate action.
  This means that the Governor can issue an ordinance when urgent situations arise that
require legislative intervention but cannot wait for the regular session of the State
Legislature.

2. Governor’s Satisfaction:

 The Governor must be satisfied that circumstances exist which make it necessary for
immediate action, which justifies the issuance of an ordinance.

 The satisfaction of the Governor must be based on the recommendation of the Chief
Minister and Council of Ministers or direct consultation with the Chief Minister. Therefore,
this power is exercised on the advice of the Council of Ministers, making the decision a
collective responsibility of the State Government.

3. Approval and Duration of Ordinance:

 An ordinance promulgated by the Governor must be laid before the State Legislature as
soon as it reconvenes.

 The ordinance must be ratified by the State Legislature within six weeks of its reassembly. If
the State Legislature does not ratify the ordinance within this period, the ordinance will
cease to operate.

 If the ordinance is not approved by the Legislature within this time frame, it has no further
effect, and it ceases to be in force.

4. Ordinance and Law-Making:

 An ordinance issued by the Governor has the same legal effect as a law passed by the State
Legislature, but its temporary nature is evident. It operates only until the legislature takes
action, and the period during which the ordinance remains in force depends on the
promptness of the legislative approval.

 If the State Legislature disapproves the ordinance or does not approve it within six weeks, it
becomes ineffective and ceases to have any legal standing.

5. Ordinance-Making Power in the Absence of the Legislature:

 The Governor’s ordinance-making power is triggered when the State Legislature is not in
session, which usually happens between the annual sessions or when a session is prorogued.

 This ensures that there is no vacuum in governance, particularly in cases requiring prompt
legislative intervention.

Limitations on the Ordinance-Making Power of the Governor

While the Governor has the power to promulgate ordinances, this power is subject to certain
limitations to ensure that it does not undermine the legislative process or the principle of
democracy. These limitations include:

1. Nature of Subjects:
  The Governor can only issue ordinances on subjects that the State Legislature is competent
to legislate. The Governor cannot promulgate ordinances on subjects listed under the
Union List (matters on which the Central Government has exclusive legislative authority).

 Similarly, the Governor is not empowered to make ordinances in areas that violate the
Constitution or contravene any fundamental rights.

2. Cannot Amend the Constitution:

 The Governor's ordinance-making power does not extend to amending the Constitution.
Ordinances must comply with the Constitution’s provisions, and any ordinance that
contradicts or violates constitutional principles would be invalid.

3. No Power to Override the Parliament’s Law:

 The Governor cannot issue an ordinance that overrides a law passed by the Parliament. If a
law passed by the Parliament contradicts an ordinance issued by the Governor, the
Parliament’s law prevails.

4. Temporary Nature of Ordinances:

 Ordinances are by nature temporary in nature and cannot remain in force indefinitely. The
Governor must seek approval from the State Legislature within six weeks of its reassembly. If
not approved, the ordinance ceases to operate.

5. Ordinances Cannot Be Promulgated if the Legislature is in Session:

 The Governor’s ordinance-making power only arises when the Legislature is not in session. If
the State Legislature is in session, ordinances cannot be issued, as the legislature itself can
take up matters through normal legislative procedures.

6. Governor’s Power Cannot Be Exercised Without the Aid and Advice of the Council of Ministers:

 The Governor’s decision to issue an ordinance must be based on the advice of the Council of
Ministers, headed by the Chief Minister. The Governor cannot act independently and must
exercise the power in accordance with the recommendations of the State Cabinet.

Ordinance-Making Power vs. Legislative Process

The ordinance-making power of the Governor is meant to be an emergency measure. It should only
be exercised in exceptional cases where immediate legislative action is necessary, but the Legislature
is not in session. It cannot be a substitute for the regular legislative process, which requires detailed
debates, discussions, and scrutiny of proposed laws. The ordinance-making power ensures that the
State Government can act swiftly in situations requiring urgent action, such as in case of financial
emergencies, public safety, or social reforms.

However, the use of this power must be carefully monitored because frequent reliance on
ordinances can undermine the democratic process and the role of the Legislature. It is important that
ordinances are issued only when absolutely necessary, and not as a routine practice.

Case Law on Ordinance-Making Power

Several cases have dealt with the ordinance-making power of the Governor, clarifying the limits and
scope of this power:

1. T. V. R. Subba Rao vs. The Union of India (1964):

o This case dealt with the nature of ordinances. The Supreme Court ruled that
ordinances are laws in force, subject to ratification by the Legislature. The Court also
stated that the President’s satisfaction in issuing ordinances must be based on real
and genuine circumstances, and not on mere formalities.

Qualifications, Functions, and Position of the Governor of a State

The Governor is the constitutional head of a state in India, representing the President at the state
level. The position of the Governor is critical in the functioning of the state government, and their
role is defined by the Constitution of India. The Governor's functions, qualifications, powers, and the
nature of their position are essential to understanding the structure of the state's executive. Below is
a detailed explanation of the qualifications, functions, and position of the Governor.

1. Qualifications of the Governor

The qualifications for becoming a Governor are mentioned in Article 157 of the Indian Constitution.
The following are the key qualifications:

A. Age Requirement:

 The candidate must be at least 35 years of age. This ensures that the Governor has sufficient
experience and maturity to handle the responsibilities of office.

B. Indian Citizenship:

 The person must be an Indian citizen. A Governor must be a national of India, as the role
involves representing the Indian President and the Constitution.

C. Eligibility for Legislative Assembly:

 The individual should be eligible to be elected as a member of the State Legislative

Assembly. Essentially, this means the person must not be disqualified from holding public
office due to any legal or constitutional constraints (such as criminal convictions or failure to
meet the basic criteria for public office holders).

D. Not a Member of the Legislature:

 The Governor cannot be a member of the Legislative Assembly or Legislative Council of the
state to which they are appointed. A Governor is expected to be neutral and independent,
and being a member of the state legislature would conflict with this principle.

E. No Prior Restrictions:
  There are no further specific restrictions barring a person from becoming the Governor of a
state, except the above-mentioned conditions. The individual can have a career in various
fields such as law, administration, or even public service before being appointed.

2. Functions of the Governor

The Governor's role is largely ceremonial in nature, with executive powers being exercised on the
advice of the Council of Ministers headed by the Chief Minister. However, the Governor does have
certain discretionary powers as well. The functions of the Governor can be divided into executive,
legislative, judicial, and discretionary functions.

A. Executive Functions:

 Appointing the Chief Minister: The Governor appoints the Chief Minister of the state, who is
usually the leader of the majority party in the Legislative Assembly. The Governor also
appoints other ministers on the recommendation of the Chief Minister.

 Administration of State Affairs: The Governor acts as the executive head of the state and is
responsible for ensuring that the laws of the state are faithfully executed. The Governor
also has the power to administer the state's affairs through the Council of Ministers.

 Appointments and Transfers: The Governor appoints judges of the High Court in
consultation with the Chief Justice of India, the Attorney General, and other constitutional
functionaries.

 Discretionary Power to Dismiss a Minister: The Governor has the power to dismiss a
minister if they lose the confidence of the legislature or for any other valid reason.

B. Legislative Functions:

 Summoning and Proroguing the Legislature: The Governor has the authority to summon
and prorogue the sessions of the state legislature. This also includes dissolving the
Legislative Assembly when required, usually when the government loses its majority.

 Addressing the Legislature: The Governor delivers the Address to the Legislature at the start
of each year (or the first session after elections), outlining the government’s agenda and
priorities.

 Assenting to Bills: A bill passed by the state legislature can only become law if the Governor
gives assent. The Governor may withhold assent to a bill, send it back to the legislature for
reconsideration (except for money bills), or reserve it for the President’s approval.

 Promulgating Ordinances: When the state legislature is not in session, the Governor has the
power to promulgate ordinances under Article 213 of the Constitution. These ordinances
have the same force as laws passed by the legislature but must be approved by the
legislature when it reconvenes.

C. Judicial Functions:

 Granting Pardons: The Governor has the power to grant pardons, reprieves, respites, and
remissions of punishment, or to suspend, remit, or commute sentences of those convicted
of crimes (Article 161).
  Recommendation for Presidential Pardons: In cases involving the death penalty, the
Governor can recommend a pardon to the President of India.

D. Discretionary Powers:

While the Governor generally acts on the advice of the Chief Minister and Council of Ministers, there
are discretionary powers where the Governor can act without or contrary to the advice of the
Council of Ministers. These include:

 Appointment of Chief Minister: In the case where no party has a clear majority after
elections, the Governor exercises discretion in appointing the Chief Minister.

 Dissolution of the Legislative Assembly: If the Governor believes that the assembly is unable
to function effectively or if there is a constitutional crisis, they may dissolve the assembly.

 President's Rule: Under Article 356, the Governor may recommend the imposition of
President’s Rule (i.e., the central government takes over the administration of the state) if
the state government cannot function according to constitutional norms.

3. Position of the Governor

The position of the Governor is somewhat symbolic, representing the executive authority of the
President at the state level. The Governor is bound by the advice of the Council of Ministers headed
by the Chief Minister, as stated in Article 163 of the Constitution. However, the Governor does hold
certain discretionary powers in cases of emergency or when there is a constitutional vacuum.

A. Constitutional Head of the State:

 The Governor is the Constitutional Head of the state, and all executive actions of the state
government are carried out in the name of the Governor. This is similar to the President
being the constitutional head at the central level.

 However, in practice, the real power lies with the Chief Minister and the Council of
Ministers. The Governor acts on their advice, and decisions are largely taken by the state
government.

B. Role of the Governor in a Federal System:

 India is a federal country, and the Governor represents the Union in the state, maintaining
the link between the central and state governments. While the Governor has certain
autonomous powers, they must respect the principles of federalism.

 The role of the Governor is often seen as a balancing act between maintaining the autonomy
of the state government and ensuring that the central government’s interests are not
compromised.

C. Relationship with the Chief Minister:

 The Governor’s relationship with the Chief Minister and the Council of Ministers is generally
one of cooperation. The Governor acts as a ceremonial figure while the Chief Minister and
Cabinet make policy decisions. The Governor’s role is to ensure that the Constitution is
upheld and to advise the government when necessary.
  The discretionary powers of the Governor, such as the power to appoint a Chief Minister in a
hung assembly, sometimes lead to political friction if not handled carefully. The role of the
Governor in such situations is often scrutinized for its impact on state autonomy and
democratic governance.

D. Prerogative of the Governor:

 The Governor’s powers are exercised under the guidance of the President of India. In cases
where the Governor exercises their powers independently (e.g., recommending President’s
Rule), these actions are closely monitored and may be subject to review by the central
government.

Constitutional Position of the President of India

The President of India holds the highest constitutional office in the country and is the formal head
of state as well as the supreme commander of the armed forces. The position of the President is
integral to the functioning of India's parliamentary democracy. While the President’s role is primarily
ceremonial, their powers and duties are defined by the Constitution of India, and they play a key
role in ensuring the smooth functioning of the government.

The President’s position and functions can be understood through their constitutional powers, the
relationship with the Prime Minister and Council of Ministers, and the nature of the office as both a
symbol of unity and a guardian of the Constitution.

1. Constitutional Provisions for the President of India

The Constitution of India (Articles 52-78) lays down the framework for the office of the President.
Below are the key constitutional provisions regarding the President's position:

A. Article 52 - Office of the President:

 "There shall be a President of India." This article establishes the office of the President,
indicating that the President is the head of the state in India.

B. Article 53 - Executive Power of the President:

 The executive power of the Union is vested in the President, who can exercise this power
directly or through officers subordinate to him (i.e., the Prime Minister and the Council of
Ministers). The real executive authority rests with the Council of Ministers, but all executive
actions of the government are carried out in the name of the President.

C. Article 61 - Impeachment of the President:

 The President can be impeached for violating the Constitution. The procedure for
impeachment is laid down in Article 61, which states that the President can be removed from
office by a process that involves a resolution passed by a two-thirds majority in each house
of Parliament.

D. Article 72 - Power to Grant Pardon:

  The President has the power to grant pardons, reprieves, respites, or remit punishment.
This power is typically exercised in cases involving punishments for offenses (such as death
sentences).

2. Powers and Functions of the President of India

Although the President of India is considered a ceremonial head of state, their constitutional
position is far from being merely symbolic. The President has important executive, legislative,
judicial, and emergency powers. Below is a breakdown of these powers:

A. Executive Powers:

 The President is the executive head of India and holds supreme executive authority.
However, this power is exercised on the advice of the Prime Minister and Council of
Ministers.

 The President appoints the Prime Minister and other ministers on the advice of the Prime
Minister.

 The President is responsible for the appointment of governors of states, the Attorney
General, the Chief Election Commissioner, and other constitutional officials.

 All executive decisions are taken in the name of the President, but in practice, the day-to-day
executive functions are carried out by the Council of Ministers.

B. Legislative Powers:

 The President is an integral part of the Indian Parliament (comprising the Lok Sabha, Rajya
Sabha, and the President). The President plays a significant role in the legislative process:

o The President summons and prorogues sessions of Parliament and can even
dissolve the Lok Sabha (the Lower House) when necessary.

o A bill passed by Parliament can only become law if the President gives assent.
However, the President has the power to withhold assent or send a bill back to
Parliament (except money bills).

o The President can promulgate ordinances (under Article 123) when Parliament is not
in session, which have the force of law, but must be ratified within six weeks when
Parliament reconvenes.

o The President can address both houses of Parliament, typically at the beginning of
the first session of the year or after general elections.

C. Judicial Powers:

 The President has the power to grant pardons, reprieves, respites, and remit sentences
(Article 72). This is commonly exercised in cases involving the death penalty or where there
is some miscarriage of justice.

 The President appoints the Chief Justice of India and other judges of the Supreme Court and
High Courts (on the advice of the Prime Minister and the Judiciary).
  The President can seek the opinion of the Supreme Court on matters of law (Article 143).
This opinion is advisory, but it is highly regarded.

D. Military Powers:

 The President is the supreme commander of the Indian Armed Forces. However, the
President's powers in this regard are exercised by the Council of Ministers, headed by the
Prime Minister.

 The President has the authority to declare war and peace, but such decisions are made on
the advice of the Prime Minister and the Cabinet.

E. Emergency Powers:

The President has significant powers to deal with emergencies under Articles 352-360. There are
three types of emergencies:

1. National Emergency (Article 352):

o This is declared in case of war, external aggression, or armed rebellion. It affects the
whole country and can alter the distribution of powers between the Centre and
States.

2. State Emergency or President’s Rule (Article 356):

o If a state government is unable to function according to the Constitution, the

President can assume executive powers and dissolve the state legislature. This is also
known as President’s Rule.

3. Financial Emergency (Article 360):

o The President can declare a financial emergency if the financial stability or credit of
India or any part of it is threatened.

3. The Nature of the President's Office:

A. Constitutional Head of State:

 While the real executive powers lie with the Council of Ministers (headed by the Prime
Minister), the President is the formal head of state. The Constitution gives the President the
right to act on the advice of the Council of Ministers (Article 74). This principle is also known
as the "advice rule".

B. Symbol of Unity and Integrity:

 The President represents the unity and integrity of the nation. Though the President’s
position is largely symbolic, it is crucial in upholding the Constitution and safeguarding
democratic values.

C. Ceremonial Role:

 The President performs a range of ceremonial functions such as receiving foreign dignitaries,
representing India in international forums, and conferring awards like the Padma Awards
and Bharat Ratna.
D. President as a Part of the Parliament:

 The President is not merely a ceremonial figurehead but also an integral part of the Indian
Parliament. The Constitution states that no bill can become a law without the President's
assent, and Parliament cannot function without the President's summoning and proroguing
powers.

4. Position of the President in Indian Democracy

A. Head of State vs. Head of Government:

 The President is the head of state, while the Prime Minister is the head of government. This
distinction is important because the real powers of governance lie with the Prime Minister
and the Council of Ministers, and the President’s functions are generally ceremonial.

B. Parliamentary System of Government:

 India follows a parliamentary system of government, where the executive is derived from
the legislature. In this system, the President's role is largely ceremonial, with the real
political power residing in the Prime Minister and the Cabinet.

C. Constitutional Supremacy:

 The President's role is defined by the Constitution, and their actions are typically constrained
by the advice of the Council of Ministers. The President is expected to act as a guardian of
the Constitution and uphold democratic principles, particularly in times of constitutional
crises.

Power of the President to Dissolve the Lok Sabha

The dissolution of the Lok Sabha is a significant power vested in the President of India under the
Constitution of India. This power is primarily exercised under the guidance and advice of the Prime
Minister and the Council of Ministers. The dissolution of the Lok Sabha is an integral part of the
parliamentary system of government followed in India.

Below is a detailed discussion on the power of the President to dissolve the Lok Sabha, its
constitutional basis, the procedure, and the circumstances under which it can be exercised.

1. Constitutional Basis for Dissolution of Lok Sabha

The power of the President to dissolve the Lok Sabha is provided under Article 85 of the Indian
Constitution. It states:

 Article 85 (1): "The President may, from time to time, prorogue the Parliament, and dissolve
the Lok Sabha."

 Article 85 (2): "The President shall summon each House of Parliament at such time and place
as he thinks fit, and may from time to time prorogue the House or either House."
This provision grants the President the authority to dissolve the Lok Sabha after the completion of
its term, or when the government advises dissolution before the completion of the term.

2. Role of the President in Dissolution

While the President of India has the constitutional power to dissolve the Lok Sabha, in practice, this
power is exercised only on the advice of the Council of Ministers, headed by the Prime Minister.
This ensures that the President's role in the dissolution process is largely ceremonial. The advice
rule, which is an essential feature of the Indian parliamentary system, means that the President must
act on the advice of the Prime Minister and the Cabinet.

Key Points about the Dissolution Power:

 Advised by the Prime Minister: The President dissolves the Lok Sabha based on the
recommendation of the Prime Minister and the Council of Ministers. It is not a unilateral
decision by the President but a decision that reflects the will of the elected government.

 Dissolution at the End of Term: The Lok Sabha is typically dissolved at the end of its 5-year
term, unless it has been earlier dissolved. The general elections must be held within six
months of dissolution to elect a new Lok Sabha.

 Prorogation vs. Dissolution: While the dissolution of the Lok Sabha terminates the existence
of the House, prorogation only ends a session. The President has the power to prorogue
(suspend the session) but not dissolve the House unless advised to do so.

3. Procedure for Dissolution of the Lok Sabha

A. Upon Completion of the Term (5 Years):

 Automatic Dissolution: The Lok Sabha is automatically dissolved at the end of its 5-year
term unless a motion of confidence is passed, or the government advises a dissolution.

 General Elections: Following the dissolution, general elections are conducted to elect new
members to the Lok Sabha. These elections must be held within six months after the
dissolution, as per Article 83(2), unless the President of India, on the advice of the Prime
Minister, decides otherwise.

B. Early Dissolution:

 Government's Advice: If the government loses its majority in the Lok Sabha, or it is unable
to function effectively, the Prime Minister may advise the President to dissolve the Lok Sabha
before its term ends. The President must act on this advice and dissolve the House.

 Failure of Confidence Motion: A dissolution may also take place after a vote of no
confidence. If the government loses the confidence of the Lok Sabha, the Prime Minister will
recommend the dissolution of the Lok Sabha to the President.

C. Role of the President:

 While the President holds the constitutional authority to dissolve the Lok Sabha, the actual
decision is made by the Prime Minister. The President’s action is largely based on the advice
 of the Prime Minister, in line with the parliamentary tradition that the executive derives its
authority from the legislature.

4. Circumstances for Dissolution of Lok Sabha

The dissolution of the Lok Sabha is a measure used primarily in the following situations:

A. End of the Term of Lok Sabha:

 The Lok Sabha has a fixed tenure of 5 years from the first meeting after the general
elections. Upon the completion of this period, the President dissolves the Lok Sabha, and
general elections are held to elect a new House of the People.

B. Loss of Confidence in the Government:

 If the ruling party or coalition loses a vote of confidence or fails to maintain a majority, the
President, on the advice of the Prime Minister, may dissolve the Lok Sabha and call for fresh
elections.

C. Political Instability:

 In cases where no party or coalition has a clear majority, and there is political deadlock or
instability, the President may dissolve the Lok Sabha to pave the way for a fresh election. This
is particularly significant in hung parliaments where the political party or coalition is unable
to form a stable government.

D. Dissolution Due to Emergency:

 In certain situations, especially during a national emergency (Article 352), the President may
choose to suspend or dissolve the Lok Sabha if the situation demands it. However, the
emergency must be declared by the President under the advice of the Prime Minister.

5. Role of the President in Case of Hung Parliament

In case of a hung parliament (where no party or coalition has an absolute majority), the President’s
role is more discretionary, as they have to exercise judgment in deciding whether to call for fresh
elections or ask the largest party to form a government.

 Discretionary Power: If no party is in a position to form a government, the President may

invite the largest party or coalition to form the government and prove its majority in the
House within a reasonable time.

 Dissolution: If no government can be formed, the President may dissolve the Lok Sabha and
call for new elections.

6. Limitations on the President’s Power

While the President has the formal power to dissolve the Lok Sabha, this power is not absolute and
is exercised under the following limitations:
  Advice of the Prime Minister: The President must act according to the advice of the Prime
Minister and the Council of Ministers. The real executive power lies with the Council of
Ministers.

 Ceremonial Nature: In practice, the President’s role in dissolving the Lok Sabha is largely
ceremonial. The constitutional convention requires the President to dissolve the House
upon the Prime Minister's recommendation, especially when the government has lost its
majority or has completed its term.

7. Judicial Review of the President’s Power

Though the President's actions regarding the dissolution of the Lok Sabha are carried out on the
advice of the Council of Ministers, these actions are not beyond judicial scrutiny. The Supreme
Court of India has the power to review whether the advice given by the government is in line with
the constitutional requirements, especially in cases of unconstitutional dissolution.

 Case Law: In the case of Ram Jawaya Kapur v. State of Punjab (1955), the Supreme Court
held that the President acts on the advice of the Prime Minister and that the advice is
binding on the President. However, the Court also emphasized that the discretionary powers
of the President could be exercised in certain exceptional circumstances.

Position of the Governor of India

The Governor of a state in India is the constitutional head of the state and acts as the representative
of the President of India at the state level. The position of the Governor is defined by the
Constitution of India, specifically under Articles 153 to 162, and the role is similar in many ways to
the role of the President at the national level. However, the Governor’s powers and functions are
largely ceremonial and are exercised on the advice of the Chief Minister and the Council of Ministers
in the state.

The Governor, like the President, operates within the framework of a parliamentary system of
government, where the real executive power lies with the Council of Ministers, headed by the Chief
Minister.

Constitutional Provisions Regarding the Governor

1. Article 153 - Governor for Each State:

o Every state in India shall have a Governor, and the same person can be appointed as
the Governor for more than one state.

2. Article 154 - Executive Power of the State:

o The executive power of the state is vested in the Governor, but it is exercised by the
Council of Ministers headed by the Chief Minister. All executive decisions are made
in the name of the Governor, but the real authority lies with the Council of
Ministers.

3. Article 155 - Appointment of Governor:

 o The Governor is appointed by the President of India.

4. Article 161 - Powers of the Governor to Grant Pardon:

o The Governor has the power to grant pardons, reprieves, respites, or remission of
punishment, and to suspend, remit, or commute the sentence of any person
convicted of a crime in the state, except in the case of a death sentence.

Powers and Functions of the Governor

While the Governor has various powers, these are largely ceremonial and are exercised based on the
advice of the Chief Minister and the Council of Ministers. Some of the key functions and powers of
the Governor include:

1. Executive Powers

 Appointment of the Chief Minister: The Governor appoints the Chief Minister of the state
and other members of the Council of Ministers. However, this is typically done based on the
majority party or coalition in the state legislature.

 Appointing State Officials: The Governor appoints important officials such as the Attorney
General, State Election Commissioner, and the Judges of the High Court, in consultation
with the Chief Minister and other relevant authorities.

 Summoning and Proroguing the Legislature: The Governor has the authority to summon
and prorogue the sessions of the state legislature and can dissolve the Legislative Assembly
when required.

2. Legislative Powers

 The Governor plays a significant role in the legislative process by addressing the state
legislature at the commencement of the first session after the general elections, outlining
the government's policies.

 Bills passed by the state legislature require the Governor’s assent to become law. The
Governor can withhold assent, return the bill (except money bills), or reserve it for the
President's consideration in certain cases.

3. Judicial Powers

 The Governor has the power to grant pardons, reprieves, respites, or remit sentences
(except in the case of the death penalty).

 The Governor appoints the Judges of the High Courts in the state, but such appointments are
made in consultation with the Chief Minister and the Governor of the state.

4. Emergency Powers

 The Governor can recommend President’s Rule (under Article 356) in the state if the
government in the state cannot function according to the provisions of the Constitution. This
is known as State Emergency.

 The Governor also holds the authority to proclaim a financial emergency if it is believed that
the financial stability of the state is under threat.
5. Discretionary Powers

 In certain situations, the Governor may exercise discretionary powers, such as when there is
no clear majority after an election, or if the Chief Minister loses the confidence of the
assembly. However, this is typically done on the advice of the President and the Prime
Minister.

Governor’s Powers vs. President’s Powers: Who Holds More Power?

The roles of the President of India and the Governor of a state are quite similar in terms of their
functions and powers, as both act as the formal heads of their respective territories (the nation and
the state). However, there are some key differences between the powers of the President and the
Governor, which influence their positions.

1. Powers Derived from the Constitution

 Both the President and the Governor hold constitutional powers, but the President of India
has more significant and sweeping powers because the President is the head of the Union
and represents the entire country. In contrast, the Governor is the head of a state and acts
on behalf of the President within that state.

2. Discretionary Powers

 The President of India has greater discretionary powers than the Governor. For example, the
President can exercise the discretion to dissolve the Lok Sabha, appoint the Prime Minister,
and handle emergency situations like National Emergency, President’s Rule, and Financial
Emergency.

 The Governor also has discretionary powers, but these are more limited. For example, in the
case of a hung assembly, the Governor may invite the largest party to form the government,
but the President has much more extensive powers to handle a national crisis, including
declaring a national emergency and suspending the federal balance of powers between the
Union and states.

3. Legislative Powers

 Both the President and the Governor have to give assent to bills passed by the legislature of
their respective bodies (Parliament for the President and State Legislature for the Governor).
However, the President’s assent is more critical in cases of conflict between the Union and
the states. The President’s power in the context of bills is more comprehensive because the
President can reserve bills for the Supreme Court’s opinion or refuse assent if the bill is
unconstitutional.

4. Role in Emergencies

 The President has much greater powers during a national emergency and can take measures
like dissolving the Lok Sabha, proclaiming a National Emergency, or imposing President’s
Rule in states. The Governor, in contrast, can only recommend President’s Rule within their
respective state and cannot unilaterally impose it.

5. Appointment Powers
  The President of India appoints the Governor of a state, and the Governor holds office at the
pleasure of the President. The President also appoints key officials like the Attorney General
of India, while the Governor appoints state-level officials, such as the Attorney General for
the State, Judges of the High Court, and State Election Commissioners.

6. Judicial Powers

 Both the President and the Governor have the power to grant pardons, reprieves, or respite
sentences, but the President has more extensive powers, especially in the case of death
sentences.

 The President is also involved in the appointment of Supreme Court Judges, while the
Governor appoints High Court Judges in consultation with the Chief Minister.