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Constitutional Law Project : Union Executive

CONSTITUTIONAL LAW
Project Work

TOPIC - UNION EXECUTIVE

Submitted to Submitted by
DR. SHRUTI BEDI JAANVI SINGH
ROLL NO. 245/20
BCOM LLB (E)
UILS, PANJAB
UNIVERSITY,CHD
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Constitutional Law Project : Union Executive

Acknowledgement

I am highly grateful to get the opportunity to undertake this project entitled


“UNION EXECUTIVE” under the subject ‘CONSTITUTIONAL LAW ’
which helped me gain knowledge and made me understand the concepts of the topic
in a better way. In the accomplishment of this project successfully, many people
have best owned upon their blessings and heart pledged support, and so I would like
to take this time to thank all the people who have been concerned with the project.
Primarily, I would like to thank my teacher DR. SHRUTI MA’AM whose valuable
guidance has been the one which helped me make this project a full proof success.
Her instructions and suggestions have served as major contribution towards
completion of the project.
Then I would like to extend my gratitude to my parents for their continuous
encouragement and positive atmosphere they provided me to work in.
Lastly, I would like to thank all my friends and classmates who helped me
completing my research work for project and at the same time made the work
joyous and interesting.

JAANVI SINGH
ROLL NO. 245 / 20
B.COM. L.L.B (SECTION – E)
UNIVERSITY INSTITUTE OF LEGAL STUDIES , PANJAB UNIVERSITY, CHANDIGARH

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Constitutional Law Project : Union Executive

Table of Contents

TOPICS PAGE NUMBER

Table of cases 4-5

The President of India – UNION EXECUTIVE

1.1 Election of the president


1.2 Tenure and Removal 6 - 24
1.3 Powers of the president
1.4 concepts
1.5 Conclusion

The Vice President of India – UNION


EXECUTIVE 24 - 27
(Same topics covered as in President section )

The Prime Minister and the Union Council


of Ministers – UNION EXECUTIVE
27 - 32
1. Powers and functions of Ministers
2. Detailed concepts

Attorney General of India – UNION EXECUTIVE


1.1 Introduction and his duties 32 - 37

CONCLUSION 37

BIBLIOGRAPHY 38

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TABLE OF CASES

Ram Jawaya Kapoor V. State of Punjab AIR 1955 SC 549

Bishamber Dayal chandra Mohan V.


AIR 1982 SC 33
State of U.P

S.S. Inamdar v. A.S. Andanappa (1971) AIR 1971

Dr. N.B. Khare vs. Election Commission. AIR 1958 SC 139

R.K. Garg v. Union of India AIR 1981 SC 2138

State of Karnataka v. Union of India AIR 1978 SC 68


(1978)

B.R Kapoor V. State of Tamil Nadu and


AIR 2001 SC 3435
Anr.

S.R. Chaudhary v. State of Punjab (2001) AIR 2001

Registered society v. Union of India AIR 1999 SC 2979

Emperor v. Sibnath AIR 1945 PC 163

G.M Uttranchal Jal Sansthan v. Laxmi


AIR 2009 SC 3121
Devi

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T.Shrilaxmi v. State of Karnataka AIR 2003 NOC 187

Pradyut Bordoloi v. Swapan Roy AIR 2001 SC 296

Kuldeep Nagar v. Union of India AIR 2006 SC 3127

Kirpal Singh v. V.V Giri AIR 1970 SC 2097

Ram Nath v. Election Commission AIR 1957 SC 694

A.K Roy v. Union of India AIR 1982 SC 710

Janan Prasanna das gupta v. Province of


AIR 1949 Cal 1
West Bengal

Shamsher Singh v. State of Punjab AIR 1974 SC 2192

Uttaranchal v. BS Chaufal AIR 2010 SC 2550

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UNION EXECUTIVE
(Articles 52 to 78 and 123)

Executive is the branch of government responsible for the implementation of laws and policies adopted by the
legislature. The Union executive consists of :

1) The President
2) The Vice-President
3) The Council of Ministers (Including Prime Minister as the head to aid and advise the President)
4) The attorney general1

THE PRESIDENT OF INDIA

Introduction

The President of India is the ceremonial head of state of India and the commander-in- chief of the Indian
Armed Forces. The president is indirectly elected by an electoral college comprising the Parliament of
India (both houses) and the legislative assemblies of each of India's states and territories, who
themselves are all directly elected.
Although the Article 53 of the Constitution of India states that the president can exercise his powers
directly or by subordinate authority, with few exceptions, all of the executive powers vested in the
president are, in practice, exercised by the prime minister (a subordinate authority) with the help of the
Council of Ministers. The president is bound by the
constitution to act on the advice of the prime minister and cabinet as long as the advice is not violating
the constitution.

The modern world has been witness to many forms of governance. There have been
monarchies, one party rule, military rulers, dictators and democracy. Even in democracy
we find two broad categories: parliamentary system [which can be roughly called British
model] and presidential system [which is American system]. In our Constituent Assembly
there was a lot of debate about the form of government. After lot of debate, it decided to
opt for Parliamentary form. Even in Parliamentary form one can identify two sub-forms.

1In common cause, registered society v. Union of India, AIR 1999 SC 2979, the supreme court said that “the executive consists of the
prime minister and ministers of the cabinet; Ministers who are not of cabinet rank; and the civil service.
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One is called Monarchy-democracy and other is Republican democracy. For simplicity


purpose the monarchy-democracy can be identified with UK and republican democracy
can be identified with India. For the students of law what is necessary to
know is that in Monarchy-democracy, the Head of the State is a hereditary position
whereas in republic-democracy like India, such office is an elected office, directly or
indirectly. In India the office of the President is elected by the MPs and MLAs. In case of
the USA, the presidency is known as Executive Presidency where the powers of the Head
of the State as well as the Head of Government are concentrated in one person. In India
these two offices are separate. The Head of the State is indirectly elected by the elected
members of the people [MPs/MLAs] whereas the Head of the Government is normally
the leader of the majority /coalition who is called the Prime Minister.

Article 52 and 53[1]

Article 52 provides that their shall be a President of India. Article 53 (Clause 1 )declares the President
to be the head of the union executive. It provides that the executive power of the union “ shall be vested
in the president and shall be exercised by him either directly or through officers subordinate to him.”2
However, he shall exercise this power in accordance with the provisions of the constitution.

WHAT IS MEANT BY EXECUTIVE POWER ?


Supreme court observed that though it was not possible to give an exact and exhaustive definition of “executive
power” , thus functions which do not fall strictly within the legislative or judicial field would fall in the
residuary class and had to be regarded as “executive”.
CASE LAW – In the landmark case of Ram Jawaya Kapoor V. State Of Punjab3, dealing with the powers
and functions of the executive, the court held that with change in time the powers and functions of the executive
also change and that the executive does not always need a legislative sanction for its functions. Commonly
known as BOOK SELLERS, it was stated that in exercise of “executive power” the state could carry on a trade
or business activity even without a legislative sanction.
Explaining the extent of the executive power of the state, the Supreme Court in “Bishamber Dayal Chandra
Mohan vs. State of UP”4 said :

2 In Emperor v. Sibnath, AIR 1945 PC 163, the privy council held that the expression “officers subordinate to the president” would
include union council of ministers.
3 AIR 1955 SC 549.
4 AIR 1982 SC 33.

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In other words, the state, in the exercise of its executive power, is charged with the duty and the
responsibility of carrying on the general administration of the state. So long as the state government does
not go against the provisions of constitution or any law, the width and amplitude cannot be circumscribed.
Therefore it is not at all necessary that in order to enable the executive to function, there must be a law
already in existence and that the powers of the executive are limited merely to the carrying out of these laws.
However, executive instructions cannot run contrary to these statutory provisions.5

EXTENT OF UNION’S EXECUTIVE POWER ( ARTICLE 73 )


Article 73 (1) provides that the executive power of the Union extends to the matters with respect to which
parliament has power to make laws. It extends to the exercise of such rights, authority and jurisdiction as are
exercised by the Government of India by virtue of any treaty or agreement. The power is, however, subjected to
the provisions of the constitution.

The executive power of the union does not extend to a matter enumerated in the concurrent list of the 7th
schedule, unless expressly provided in the constitution6 or expressly entrusted by a law made by parliament.7
Therefore where parliament has already passed legislation on certain aspects.8of a concurrent matter the state
would have no power to legislate or pass any executive order on those aspects thus ordinarily the executive
power so far as the concurrent list is concerned rest with the states it is only in the exceptional cases that
parliament may by law interest such power to the union executive it may be thus be noticed that a law on a
concurrent subject though enacted by parliament shall be executed by the state except when parliament has by
law directed otherwise.9

5 G.M Uttranchal Jal Sansthan v. Laxmi Devi, AIR 2009 SC 3121.


6 See e.g Articles 256, 257, 298, 353 and 356.
7 Proviso to Clause (1) of Article 73
8 See T. Shrilaxmi v. State of Karnataka, AIR 2003 NOC 187 (KANT)
9 Bishamber Dayal Chandra Mohan V. State of U.P , AIR 1982 SC 33

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1.1 ELECTION OF THE PRESIDENT


Qualifications for the Election as President ( Article 58 )

Article 58 of the Indian Constitution provides for the Qualifications for election as President. In that aspect,
following are the parameters which a person must possess for being eligible :

(a) He must be a citizen of India.

(b) He must have completed the age of thirty-five years;

(c) He must be qualified for election as a member of the House of people. He must, therefore, be registered as a
voter in any of the Parliamentary Constituency.

(d) He must not hold any office of profit under the Government of India or the Government of any State or
under any local or other authority subject to the control of any of the said Government.

OBJECT OF THE PROVISION The object of the provision is to secure the independence of the members of
Parliament and do not contains persons who have received favors or benefits from the executive and who
consequently being under an obligation to executive might be amenable to influence.

OFFICE OF PROFIT The expression “office of profit” has not been defined in the Constitution or in the
Representation of People Act 1951. Its ambit has to be inferred only from the pronouncement of the courts and
other competent authorities like the Election Commission and the president. By a series of decisions,10 The
Supreme Court has laid down the following tests for finding out whether the office in question is an office of
profit under a government :
1. Whether the government has the right to appoint and dismiss the holder ;
2. Whether the government pays the remuneration
3. What are the extent of functions of the holder ? (Determining if these functions are performed for the
government.)
4. Whether the government exercise any control over the performance of those functions or not.

The question is to be judged in each case in the light of the provisions of the relevant law.

10 Quoted in Pradyut Bordoloi V. Swapan Roy, AIR 2001 SC 296.


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CASE LAW :

S.S. Inamdar v. A.S. Andanappa (1971)


Article 58(2) of the Indian Constitution, which provides one of the eligibility criteria for an individual to hold
the designation of the Indian President, states that a person must not be holding any office of profit under the
Union or state government to qualify to the position of the President of India. The Supreme Court of India while
deciding the case of S.S. Inamdar v. A.S. Andanappa (1971) explained the meaning of the term “office of
profit”, which has not been defined anywhere in the Constitution of India or the General Clauses Act. The Apex
Court stated that the term signifies an office that would be capable of yielding either pecuniary gain or any kind
of material benefit in form of profit.

WHO ELECTS THE PRESIDENT – ELECTORAL COLLEGE ( Article 54 )

Article 54 provides the president shall be elected by the members of an Electoral College consisting of:

(a) the elected members of both Houses of Parliament ; and


(b) the elected members of the legislative assemblies of the states.

The term state in article 54 does not include a union territory. The constitution (17th amendment) act, 1992 has
inserted an explanation at the end of article 54 to the effect that in this article and in article 55 state includes the
national capital territory of Delhi and union territory of pondicherry.11

It may be noticed that only elected members of the Houses of Parliament and that of the legislative assemblies
of the states are the members of the Electoral College. The nominated members12not take part in the election of
the president.

MANNER OF ELECTION ( Article 55 (1) & (2) )

11 See Article 239-AA, inserted by the constitution (69th amendment) Act, 1991, providing for the legislative Assembly for NCTD. Also
see Article 239-A which provides for creation of a legislative assembly for the UT of pondicerry.
12 For nominated members, see, infra, Articles 80, 331,171, 333 of the Indian constitution.

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There is no direct election for the Indian President. An electoral college elects him. To win the election, a
candidate must receive a majority of electoral votes. The electoral college responsible for President’s elections
comprises elected members of:

1. Lok Sabha and Rajya Sabha


2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry.

Article 55 provides and states that there shall be uniformity in the scale of representation of different states at
the election of the president. For this purpose, The drafting committee of constituent Assembly explained the
procedure to carry out through an illustration:13

Suppose the population of a state is 208,49,840 and the total number members of the legislative assembly of the
state is 208. The number of votes which every elected member of the legislative assembly of the state is entitled
to cast at the election of the president shall be:

Population of the State ÷ 1000

Total no. of the elected members of all the legislative assemblies of the state

= 208, 49,840 × 1 = 100239. = 100 (the number 239 being less than 500 is ignored)

208 × 1000 1000

By applying the above formula (1st) for each state separately the total number of votes assigned to all the
elected members of the legislative assemblies of all the states are found again. Referring to article 55, the
number of votes which each elected member of either House of parliament is entitled to cast shall be calculated
by the below formula.

13 See Draft Constitution, 17.


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Total no. of votes against to all the elected members of all the legislative assemblies

Total no. of elected members of both the houses of parliament

= 74, 940 = 99 (23/25)

750

= 100 ( the fraction 23/25 being more than half is counted as one)

Thus, Each elected member of parliament is entitled to cast hundred votes.

SYSTEM OF ELECTION ( Article 55(3) )


Clause 3 provides that the election of the president shall be held in accordance with the system of proportional
representation by means of the single transferable vote. The object for adopting this system is to elect that
candidate who is found to be more popular among the electors. This system is adopted when there are more than
two candidates in the election of the president.14

NOTE : Voting at the election shall by secret ballot.15

TIME FOR HOLDING ELECTION OF THE PRESIDENT ( Article 62 )


Clause (1) of article 62 provides that “an election to fill a vacancy caused by the expiration of the term of
president shall be completed before the expiration of the term.”Then clause (2) of article 62 further provides
that “an election to fill a vacancy in the office of president occurring by reason of his death resignation or
removal or otherwise shall be held as soon as possible after and in no case later than six months from the date of
occurrence of the vacancy.”

It is further provided that the person elected to fill the vacancy shall subject to the provisions of article 56, be
entitled to hold office for the full term of five years from the date on which he enters upon his office.

14See Lalit Mohan Pandey v. Pooran Singh, 2004 (5) SCALE 267.
15See clause 3 of Article 55 , secret ballot distinguished from open ballot, for objects thereof, see Kuldeep Nagar v. Union of India,
AIR 2006 SC 3127
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Conclusive Explanation :

It has been ruled that article 62 is mandatory in nature.16 It requires that the election of the president must be
completed before the expiration of the term of the earlier president. To fill our vacancy in the office of the
president by reason of his death, resignation, removal or otherwise the election must be completed before the
expiration of six months from the date of occurrence of the vacancy. The term otherwise in article 62 (2) refers
to cases where the vacancy in the president’s office is caused by reason of his becoming disqualified to hold
office or where his election is declared void.

1.2 TENURE AND REMOVAL OF THE PRESIDENT


TERM OF OFFICE OF PRESIDENT ( Article 56 )

Article 56 provides that the President shall hold office for a term of 5 years from the date on which he enters
upon his office. However, he may, by writing under his hand and addressed to the vice president, resign his
office at anytime before the completion of his term of five years.17The president may also be removed for the
violation the constitution by impeachment in the manner provided in article 61.18

Article 56 (1) {c} provides that the president shall continue in his office even after the expiration of his term of
five years until their successor enters upon his office. It, thus, says of the extension of the tenure of the
president.

ELIGIBILITY FOR RE ELECTION ( Article 57 )

16 In Re Presidential Election, 1974 AIR 1974 SC 1682, Kirpal Singh v. V.V Giri, AIR 1970 SC 2097.
17 Article 56 (1) {a}
18 Article 56 (1) {b}

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Article 57 provides that a person who holds, or who has held, office as president shall be eligible for re-election
to that office the constitution. The constitution thus does not place any bar or any restriction on the re-election
of the same person to the office of the president.19

CONDITIONS OF PRESIDENT’S OFFICE ( Article 59 )

Article 59 lays down the following conditions for the office of the president :

(A) The president shall not be a member of either House of parliament or a House of legislature of any
state and if a member of either House of parliament or of a House of the legislature of any state be
elected president, he shall be deemed to have vacated his seat in that house on the date on which
he enters upon his office as president.

(B) The presidential not hold any other office of profit.

(C) The president shall be entitled without payment of rent to the use of his new official residence
which is commonly known as Rashtrapati Bhavan.

(D) The president is entitled to such allowances and privileges as may be determined by the
parliament, by law. His emoluments at present are fixed at 1.5 lakhs per month. The emoluments
and allowances of the president cannot be diminished to his advantage during the term of his
office.

OATH OF AFFIRMATIOM BY THE PRESIDENT ( Article 60 )

19For Instance, Dr. Rajendra Prasad, who was elected as the 1st president of India, enjoyed Second term also. Dr. Prasad is the only
President who enjoyed 2 terms in the office.
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Every president and every person acting as president or discharging the functions of the office of the president is
required by article 60, to make and subscribe in the presence of the Chief Justice of India, or, in his absence, the
senior most judge of the Supreme Court available, oath or affirmation, before he enters upon his office
It is known as Oath of Office.20

FORM OF OATH
The president shall take the oath swearing in the name of God that he will faithfully execute the office of the
president or discharge the functions of the office of the president of India and will, to the best of his ability,
preserve, protect and defend the constitution and the law and that he will devote himself to the service and well
being of the people of India.

REMOVAL OF THE PRESIDENT ( Article 61 )

The President can only be removed from office through a process called impeachment. 21
The Constitution lays down a detailed procedure for the impeachment of the President.
He can only be impeached ‘for violation of the Constitution’.

The following procedure is intentionally kept very difficult so that no President should be removed on flimsy
ground. The resolution to impeach the President can be moved in either House of Parliament.
Such a resolution can be moved only after a notice of 14 day period has been given by at least one-fourth of the
total number of members of the House. Such a resolution charging the President for violation of the Constitution
must be passed by a majority of not less than two-third of the total membership of that House before it goes to
the other House for investigation.
The charges levelled against the President are investigated by the second House. President has the right to be
heard or defended when the charges against him are being investigated.
The President may defend himself in person or through his counsel. If the charges are accepted by a two-third
majority of the total membership of the second House, the
impeachment succeeds. The President thus stands removed from the office from the date on which the resolution
is passed.
This procedure of impeachment is even more difficult than the one adopted in America where only simple
majority is required in the House of Representatives to initiate the

20 The form in which oath is to be made or subscribed is laid down in Article 60.
21 The term “Impeachment” is used in the constitution only for the removal of the president from his office.
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proceedings.

PRIVILEGES AND IMMUNITIES OF THE PRESIDENT


( Article 361 )
The President of India enjoys certain privileges and immunities which include the following:
1. The President is not answerable to any court of law for the exercise of his functions.
2. The President can neither be arrested nor any criminal proceedings be instituted
against him in any court of law during his tenure.
3. The President cannot be asked to be present in any court of law during his tenure.
4. A prior notice of two months time is to be served before instituting a civil case against
him.

1.3 DETAILED CONCEPTS


DOUBTS AND DISPUTES IN RESPECT OF THE ELECTION OF THE PRESIDENT ( Article
71 )
Article 71 (1) declares that all doubts and disputes arising out of or in connection with the election of president
shall be inquired into and decided by the Supreme Court whose decision shall be final.22

If the election of the president is declared void by Supreme Court (2) declares that the acts done by him in the
exercise of his powers and performance of his duties of the office of president shall not be invalidated by reason
of the declaration of his election as void. Then Clause (3) of article 71 provides and empowers the parliament to
regulate by law any matter relating to or connected with the election of the president. In exercise of the power
so conferred, parliament enacted the presidential and vice presidential elections act 1952. The act has been
amended by the amendment acts of 1974 and 1997. Clause (4) of article 71 declares that the election of a person
as president shall not be called in question on the ground of the existence of any vacancy for whatever reason
among the members of the Electoral College electing him.23

22 The constitution (39th amendment) act, 1975, amended Article 71. The Article so amended took away the jurisdiction of the
Supreme court in respect to determining the doubts and disputes arising out of the election of the president. The new article 71
provided that all doubts and disputes in relation to the election of the president were to be enquired into and decided by such
authority as would be appointed by parliament by law. The presidential and vice presidential elections (Amendment) act, 1977
conferred this jurisdiction on the supreme court. The constitution (44th amendment) act, 1978 again amended article 71, undoing
the change incorporated by the constitution (39th amendment). Article is thus restored to its original state by the 44th amendment.
23 Inserted by constitution (11th amendment ) act 1961 to foreclose any challenge on this ground.

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INCOMPLETE ELECTORAL COLLEGE AND CONSTITUTIONALITY OF THE ELECTION OF
THE PRESIDENT ( Articles 54, 55, 56, 62, 71 )
The question, as to the constitutionality of the election of the President held at a time when the Electoral
College was not fully constituted, was raised before the Supreme Court in Dr. N.B. Khare vs. Election
Commission.24

CASE LAW – DR. N.B KHARE V. ELECTION COMMISION

The term of office of the first President Dr. Rajendra Prasad was to expire on 12th May, 1957 and, therefore, the
election to elect the next President was fixed to be held on 6th May, 1957. It was done to comply with the
mandate contained in Article 62, according to which the election was to be completed before the expiry of the
term of the earlier President. At that time, general elections in parts of the State of Punjab and the Union
Territory of Himachal Pradesh,25 were not yet held.

The petitioner filed a writ petition before the Supreme Court requesting the Court to direct the postponement of
the election of the President until the completion of the elections in the parts of Punjab and Himachal Pradesh. It
was contended that he was a prospective candidate in the President's election and if the election was held before
completing the election process in Punjab and Himachal Pradesh, he would be deprived of representation from
these areas.

Another petition was filed by Ram Nath,26 a prospective candidate from an Assembly Constituency of Punjab.
He also prayed for the postponement of the President's election. He contended that in case the election was held
prior to holding election to the Punjab Constituency, he would be deprived of his right to cast his vote in
President's election, if he got elected.

The Supreme Court dismissed both these petitions and held that any doubt or dispute arising out of or in
connection with the election of the President could only be determined after the completion of the election. The
word "election" occurring in Article 71(1), the Court said, must be given the same wide meaning as comprising
the entire election process culminating in a candidate being declared elected, therefore the inquiry was to be
made after such completed election. The well recognised principle of election law, Indian and English, the
Court explained, was that elections should not be held and that the person aggrieved should not be permitted to
ventilate his individual interest in derogation of the general interest of the people, which required that elections
should be gone through according to the time schedule.

24 AIR 1957 SC 694


25 Himachal Pradesh was organised into a full state under the state of himachal pradesh act, 1970.
26 Ram Nath v. Election Commission, AIR 1957 SC 694.

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The election was held as it was scheduled and Dr. Rajendra Prasad 27, was declared elected. Khare came to the
Supreme Court with a fresh petition28 and challenged the constitutionality of the election of Dr. Rajendra
Prasad, on the ground that it was held when the Electoral College was not complete.

The Supreme Court again dismissed the petition and held that the petitioner had no locus standi to invoke the
jurisdiction of the Court. The Court referred to Section 14 of the Presidential and Vice-Presidential Elections
Act, 1952 which provided that an election of the President could be questioned either by a candidate or ten or
more electors joined together in a petition. Since, Mr. Khare was neither a candidate at the election nor could he
procure ten electors joining him in the petition, he had no right to challenge the constitutionality of the election.

The Court explained that Article 71 (1) merely prescribed the forum in which disputes in connection with the
election of the President, could be inquired into. It did not prescribe the conditions under which the petition for
setting aside an election could be presented. Such conditions were prescribed by the Presidential and Vice-
Presidential Elections Act, 1952. 29

The question as to the constitutionality of President's election held at a time when the Electoral College was not
complete, thus remained unanswered. Apprehending that such like doubts or disputes would be raised again, the
Constitution (Eleventh Amendment) Act, 1961 was enacted to foreclose any challenge of this kind. This
Amendment inserted Clause (4) in Article 71 which provides: "The election of a person as President or Vice-
President shall not be called in question on the ground of the existence of any vacancy for whatever reason
among the members of the Electoral College electing him".

1.4 POWERS OF THE PRESIDENT


The Constitution confers very vast powers on the President. However, these powers have to be read and
interpreted in the light of the Parliamentary System of Government which is adopted under the Constitution.
This subject is to be discussed under the heading Position of the President. The powers of the President are
discussed below :

A] Executive Powers:

27Dr. Rajendra Prasad was elected for the 2nd time.


28 N.B Khare v. Election Commission, AIR 1958 SC 139
29 The Act, provided that the election could be challenged either by a candidate or 10 electors joining together in a petition.

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[1] As noted before article 53 vests all executive powers of the Union in the President.
Also article 77 mentions that the entire business of the government of India is conducted
in the name of the President.

[2] In his capacity as the executive head, the President makes all important appointments
like the appointment judges of supreme court30 , judges of high court31, Chairmen and the
members of the UPSC, Attorney-General, Comptroller and Auditor General [GAG] and
various commissions.32

[3] Article 53 provides that the President is the Supreme Commander of the armed
forces. He can declare war, can enter into peace treaties. However parliamentary approval
is necessary for such actions.

[4] Article 78 provides the President shall have the right to be informed about all the
decisions of the cabinet. Similarly he has right to seek information about the activities of
the government.

[5] As far as foreign affairs are concerned, he appoints India’s ambassadors to other
countries. He also receives visiting heads of the state of other countries. He confirms
recognition to the ambassadors of other countries appointed to India.

B] Legislative Powers:

Here we must begin by mentioning article 79 which provides that, there shall be a Parliament with two houses
and a President‟ .Though the President is not a member of the Houses, he enjoys legislative powers.

30 Article 124
31 Article 217
32 See for example Article 280, 338, 344.

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[1] He summons and prorogues the Union Parliament. He can dissolve the Lok Sabha before the expiry of its
term of 5 years.33

[2] Article 85 enjoins that he must ensure that a period of not more than six months

lapses between two sessions of Union Parliament.

[3] He can summon a joint session of the Lok Sabha and Rajya Sabha to resolve a deadlock

about a non-money bill.

[4] The President inaugurates the first session of Parliament after every general election.

Similarly every year, the first session of the Parliament is inaugurated by the President.

While doing this, he addresses the House in which the domestic and foreign policies of

the government of the day are specified.

[5] Article 86 empowers the President to send messages to either house regarding a bill

pending before the house. The message may contain some issues which he thinks are

important.

[6] Each and every bill passed by both houses goes to the President for his assent. He

cannot return a money bill as it is presented with his prior permission. But he can return a

non money bill for reconsideration with or without his suggestions.

33 Article 85 (2)(b)
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[7] The President has power to nominate 12 persons as MP to Rajyasabha. Such persons are eminent people
from art literature, sports and science etc. For example Shabana Azmi [cinema], R K Narayan [literature] was
nominated on Rajyasabha.34

[8] In addition to money bill, there are some bills which require prior permission of the

President. For example a bill for the formation of new states or alteration of boundaries.

ORDINANCE MAKING POWER ( Article 123 )

The president can promulgate an ordinance if the circumstances appear to him to require when following two
conditions are fully met :

1) When both houses of parliament are not in session. Thus, he can promulgate the ordinance when one of
the house is in session ; and
2) When circumstances exist which render it necessary for the president to take immediate action.

NOTE : It has been held than an Ordinance passed under article 123 stands on the same footing as an act
passed by legislature. 35 It cannot be treated as an executive action or an administrative decision. It is closed
with all the attributes of an act of the legislature, carrying with it all its incidents, immunities and limitations
under the constitution. An ordinance has been held to be a law under article 21 of the constitution.36 As the
legislature can repeal and existing enactment or amend it, so also, the president by an ordinance, can repel or
amend an existing legislation. 37

CASE RULING : In R.K. Garg v. Union of India, 16 the Special Bearer Bonds (Immunities and Exemptions)
Ordinance, 1981 was challenged on the ground that it was beyond the Ordinance making power of the President
as it related to the tax laws. Upholding the constitutionality of the Ordinance, the Supreme Court observed that
the President was competent to issue an Ordinance, amending or altering the tax laws also. The Court further
said that the Ordinance making power of the President was co-extensive with the power of the Parliament to
make laws and no limitation could be read into the Legislative Power of the President. The Court further

34 Article 80
35 Ibid
36 A.K ROY v UNION OF INDIA, AIR 1982 SC 710
37 Janan prasanna das gupta v. Province of West Bengal, AIR 1949 Cal 1.

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explained that the object of conferring the Ordinance making power on the President was to enable the
Executive to deal with any unforeseen or urgent matters which might well include a situation created by a law
being declared void by a court of law.

GRANTING PARDONS POWER OF THE PRESIDENT ( Article 72 )

Introduction

• In India, the power to pardon is a part of the Constitutional scheme.


• The Power of pardon exists to prevent injustice, whether from harsh, unjust laws or from judgments
which result in injustice; hence the necessity of vesting that power in an authority other than the
judiciary has always been recognized.

Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When the
President of India takes an action over the case of punishment or the sentence of any person convicted for an
offence, it takes the form of his pardoning powers.

When is it possible ?

The President can use any one of the pardoning powers in the cases mentioned below:

1. When he is considering a case of punishment against a person who has committed an offence against a
Union Law
2. When he is considering a case of punishment where the latter is given by the court-martial or military
court
3. When he is considering a death sentence.

D] Judicial Powers:

[1] If an impeachment motion is carried by both Houses, the President removes the concerned judge from
the office.

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[2] He can transfer judges of High Courts.

[3] The President has powers to grant amenities, pardons. In some cases he can commute sentences.

[E] Powers relating to the States:

[1] The President can give or refuse to give consent to the bills reserved for his approval by the Governors
of the state.

[2] He appoints the Governors of the state. They remain in office during the pleasure of the president.

[3] He can issue instruction to the Governors. The compliance of these instructions is mandatory.

F] Emergency Powers:

The President of India enjoys some unusual, extra ordinary powers to face emergency situations which are
discussed below:

[ 1 ] Article 352 provides that in case there is a national emergency due to war external aggression and
internal armed rebellion, then the President is empowered to declare emergency covering the entire country
or some part thereof

[2] Article 356 provides that when the affairs of the state cannot be carried on as per the provisions of the
Constitution, the President, on the basis of the Governor’s report or even without the report, can dismiss the
state government either by dissolving the state assembly or put it in suspended animation.

In such a case the Governor runs the state in the name of the President. This is popularly known as
President’s rule.

[3] Article 360 provides that in case the financial stability of the country is threatened, the President can
declare financial emergency. The financial emergency can never in force for more than a month, unless it is
extended by the resolution in Parliament. In independent India we have had no situation to declare the
financial emergency.

CONCLUSION

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It would, however, be wrong to say that the President under the Constitution of India, is merely a non-entity or
an ineffective symbol. He does have marginal discretion in exceptional and abnormal circumstances in some
matters. Without being dogmatic, these matters are appointment of the Prime Minister, dismissal of the Council
of Ministers, dissolution of the Lok Sabha.38Being the Head of the State, the President is empowered to be
informed of of the affairs of the country. Article 78 expressly imposes a duty on the Prime Minister, to keep the
President informed of the matters relating to the administration of the affairs of the Union and proposals for
legislation. The President may call for any information relating to these matters and the Prime Minister shall be
duty bound to furnish these to the President.

However, in all these matters, the President can exercise a persuasive influence on the Council of Ministers.
Like the British Crown, the role of the President is "to advice, encourage and warn Ministers in respect of the
recommendations which they make". 39

The influence of the President, however, depends on his personality and a man of character and ability can exert
a potent influence on the affairs of the Government. "In the ultimate analysis", says Dr. Jain: "it is the Council
of Ministers which will prevail and not the President. His role is at best advisory. He may act as the guide,
philosopher and friend to the Ministers; but cannot assume himself the role of their master-a role which to the
Prime Minister". 40 In any case, explains Dr. Jain," "the Constitution assigned envisages not a dictatorial but a
democratic President who uses his judgment to keep the democratic and representative government functioning
and not to thwart or to subvert the same". Still, it would not be wrong to say that the President is the pivot of
National Pride, as no one else is.

THE VICE PRESIDENT OF INDIA

( ARTICLE 63 )

38 See Shamsher Singh v. State of Punjab. AIR 1974 SC 2192


39 Wade and Phillips, Constitutional law, 1961. Cited in Dr. M.P jain, Indian constitutional law, 1987,98.
40 Ibid

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Article 63 provides that there shall be a vice president of India. The vice president is declared to be the ex
official chairman41of the Rajya Sabha42. In the event of the occurrence of any vacancy in the office of president
by reason of his death, resignation or removal or otherwise, the vice president shall act as the president until the
date on which the new president, elected in accordance with the provisions of the constitution to fill such
vacancy, enters upon his office.43 Again when the president is unable to discharge his functions owing to
absence, illness or any other cause, the vice president shall discharge his functions until the date on which the
president resumes his duties.44

QUALIFICATIONS FOR THE OFFICE OF VICE-PRESIDENT

[ARTICLE 66(3) & (4) ]

Clause (3) of Article 66 lays down that a person to be eligible for the office of the Vice-President, must possess
the following qualifications

(a) He must be a citizen of India.

(b) He must have completed the age of thirty-five years.

(c) He must be qualified for election as a member of the Rajya Sabha, It requires that he must be registered as a
voter in any parliamentary Constituency. 45

(d) He must not hold any office of profit under the Government of India, or the Government of any State, or
under any local, or other authority subject to the control of any of the said Governments.

ELECTION OF THE VICE-PRESIDENT [ARTICLE 66(1)]

The Vice-President is elected by the members of an Electoral College consisting of the members of both Houses
of Parliament in accordance with the system of proportional representation by means of single transferable vote

41 An ex officio appointment means that the appointment is by virtue of the office, without any other warrant or appointment than
that resulting from the holding of a particular office. See pradeep kumar v. I.I.C.B, JT 2002 (4) S.C.146.
42 Article 64
43 Article 65 (1)
44 Clause (2) of Article 65
45 See the representation of people act, 1951. These provisions are to be read with Articles 84 and 102, which prescribe the

qualifications and disqualifications for the membership of houses of parliament.


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and the voting at such election is done by secret ballot46 The Presidential and Vice-Presidential Elections Act,
1997, provides that there should be 20 proposers and 20 seconders to support the candidature of a person in the
election of the Vice-President.

TIME FOR HOLDING ELECTION (ARTICLE 68)

Clause (1) Article 68 provides that an election to fill a vacancy caused by the expiration of the term of Vice-
President shall be completed before the expiration of the term of the earlier Vice-President. While an election to
fill a vacancy occurring by reason of his death, resignation or removal or otherwise, shall be held as soon as
possible after the occurrence of the vacancy. 47

TERM OF OFFICE OF THE VICE-PRESIDENT

Article 67 lays down that the Vice-President holds office for a term of five years from the date on which he
enters upon his office.48 He shall continue in his office even after the expiration of his term of five years until
his successor enters upon his office. 49 The vice president may, by writing under his hand, addressed to
president, resign his office.50

REMOVAL OF VICE-PRESIDENT [ARTICLE 67 (B)]

The Vice-President may be removed from his office by a resolution of Rajya Sabha passed by a majority of all
the members of the Rajya Sabha and agreed to by the Lok Sabha. However, no resolution for the removal of the
Vice-President shall be moved in the Rajya Sabha unless at least fourteen days' notice has been given of the
intention to move the resolution.51

It may be noticed that the Constitution does not prescribe any ground on which a resolution for the removal of
Vice-President can be moved.

OATH OF OFFICE (ARTICLE 69)

46 Article 66 (1)
47 Clause (2) of Article 68.
48 See clause (2) of Article 68
49 Clause c of Proviso to article 67
50 Clause a of Proviso to article 67
51 Cause (b) of Proviso to article 67

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Article 69 says that the Vice-President, before entering upon his office, shall make and subscribe before the
President or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to
say

"I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will faithfully discharge the duty upon which I am
about to enter."

CONDITIONS OF OFFICE [ARTICLES 66(2), 64 & 65 (3)]

(1) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of
any State, and if a member of either of such House is elected as the Vice-President then, he shall be deemed to
have vacated his seat in that House on the date on which he enters upon his office as Vice-President."

(2) The Vice-President shall be ex officio Chairman of the Rajya Sabha and shall not hold any other office of
profit. 52 During any period when the Vice-President acts as President or discharges the functions of the
President under Article 65, he shall not perform the duties of the office of Chairman, of the Rajya Sabha."

During such period, he shall have all the powers and immunities of the President and be entitled to such
emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that
behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule to the
constitution.53

THE PRIME MINISTER AND THE COUNCIL OF MINISTERS

( covering Article 74 and 75)

52 Article 64
53 Clause (3) of article 65
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The executive powers of the President are exercised by the Council of Ministers. The constitution provides that
“there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the
exercise of his functions”. Here the word “shall” indicates that the President cannot function without the
Council of Ministers. The President is the constitutional head of State, but the real Head of the government is
the Prime Minister.

Appointment of the Prime Minister

(Article 75(1) )

The Prime Minister is appointed by the President but the President does not have freedom in the selection of the
Prime Minister. Normally the President has to invite leader of the majority party to form the government. In
case no single party is in clear majority, the President invites the person who is likely to command support of
two or more parties which make up majority in the Lok Sabha. Once appointed, the Prime Minister holds office
so long as he/she enjoys the support of the majority of members of Lok Sabha.

The Prime Minister is normally leader of the majority party in Lok Sabha. However, there have been cases
when a member of Rajya Sabha was made the Prime Minister. This happened when Mrs. Indira Gandhi was
first appointed, Prime Minster in 1966, or when I. K. Gujral became Prime Minister in 1997 or when Rajya
Sabha member Dr. Manmohan Singh became the Prime Minister in 2004.

While selecting the ministers, the Prime Minister keeps in mind that due representation to different regions of
the country, to various religious and caste groups. In a coalition government, the members of coalition parties
have to be given due representation in the Council of Ministers. The Prime Minister decides portfolios of the
Ministers, and can alter these at his will.

In order to be a Minister, a person has to be a member of either of the two Houses of Parliament. Even a person
who is not a member of any of the two Houses can become a Minister for a period of six months. Within six
months the Minister has to get himself/herself elected to either House of Parliament, failing which he/she ceases
to be a Minister.

All the Ministers are collectively as well as individually responsible to the Lok Sabha. The Council of Ministers
consists of two category of ministers. These are: Cabinet Ministers and Ministers of State. The Cabinet
Ministers are usually senior members of the party/coalition of parties. The Ministers of State come next to
Cabinet Ministers. Some of the Ministers of State have independent charge of a department while other
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Ministers of State only assist the Cabinet Ministers. Sometimes even deputy ministers are also appointed to
assist the ministers.

Ministers other than Cabinet Ministers normally do not attend the meetings of the Cabinet.

The Prime Minister presides over the meetings of the Cabinet. All policy matters are decided by the Cabinet.
The Prime Minister has the authority to reshuffle the portfolios of the Ministers or even ask for their
resignation. In case of resignation or death of the Prime Minister the entire Council of Ministers also goes out of
office. This is because the Council of Ministers is created by the Prime Minister, who also heads it. The entire
Council of Ministers is responsibility to the Lok Sabha.

POWERS AND FUNCTIONS OF THE PRIME MINISTER

The Prime Minister is the most important and powerful functionary of the Union Government. The President is
head of the government and leader of Lok Sabha. The President is principal advisor to the President, and the
country’s visible face and spokesperson in the international affairs. His/her role is unparalled and the President
gives direction to the governance of the country.

The Prime Minister presides over the meetings of the Cabinet and conducts its proceedings.As head of the
Cabinet, he/she largely influences the decisions of the Cabinet. The Prime Minister co-ordinates the working of
various ministers. The President resolves disagreement if any amongst different Ministers. Prime Minister is the
link between the President and the Cabinet. The decisions of the Cabinet are conveyed to the President by the
Prime Minister. It is he who keeps the President informed of all the policies and decisions of the government.
No Minister can meet the President without the permission of the Prime minister. All important appointments
are made by the President on the advice of the Prime Minister. It is on the advice of the Prime Minister that the
President summons and prorogues the session of the Parliament and even dissolves the Lok Sabha. The Prime
Minister is the “principal spokesman” and defender of the policies of the Government in the Parliament. When
any Minister is unable to defend his/her actions properly, the Prime Minister comes to the help of that Minister
both inside and outside the parliament. The Prime Minister is the leader of the nation. The nation looks to
his/her for guidance. At the time of general elections, it is the Prime Minister who seeks mandate of the people.
The Prime Minister plays an important role in the formulation of domestic and foreign policies. The President
represents the country in the world arena, by participating in the international meetings such as NAM, SAARC
and United Nations. All international agreements and treaties with other countries are concluded with the
consent of the Prime Minister. The President is the Chief spokesperson of the policies of the country.
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The Prime Minister has a special status both in the Government and in the Parliament. This makes him/her the
most powerful functionary. His/her position and powers depend upon his/her personality. A person of the
stature of Jawaharlal Nehru or Indira Gandhi, is always more effective than a person who lacks vision or
depends on support from outside his party. The Prime Minister is not only leader of the Parliament but also
leader of the nation. The Prime Minister has to secure the willing cooperation of all important members of
his/her own party. In a minority government, the Prime Minister has to depend on outside help that might act as
hindrance in his effective role.

COUNCIL OF MINISTERS

The council of ministers or the cabinet has enormous powers and manifold responsibilities. All the executive
powers of the President are exercised by the Cabinet headed by the Prime Minister.

The Cabinet determines and formulates the internal and external policies of the country. It takes all major
decisions regarding defense and security of the country. Itt has also to formulate policies so as to provide better
living conditions for the people. Cabinet has control over national finance. The Cabinet is responsible for whole
of the expenditure of the government as well for raising necessary revenues. It is the Cabinet that prepares the
text of President’s address to the Parliament. The Cabinet is also responsible for the issuance of Ordinances by
the President when the Parliament is not in session. The sessions of the Parliament are convened by the
President on the advice of the Cabinet conveyed through the Prime Minister. The Cabinet prepares the agenda
of the sessions of the Parliament.

NOTE : A convicted person cannot be appointed Chief Minister

When the question arose whether a convicted can be appointed as Chief Minister or not.

The issue was decided in the negative by the Supreme Court in the famous case of B.R. Kapoor v
State of Tamil Nadu and Anr (Famously known as Ms. J. Jayalalitha Case). It was held that any
person who is convicted for a criminal offense and sentenced to imprisonment, for a period of two
years, or more, cannot be appointed the Chief Minister of any State under Article 164(1) of the
Indian Constitution.

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CASE LAW :

S.R. Chaudhary v. State of Punjab (2001)


In the case of S.R. Chaudhary v. State of Punjab (2001), the Supreme Court of India observed that without
being a Legislature’s member, an individual cannot be appointed in a minister’s post for more than a period of
six months during the same Legislative Assembly being in session. This condition will be applicable during the
minister’s appointment in the Prime Minister’s office at the Union.

Collective Responsibility ( Clause 3 of Article 75 provides for it )

Our Constitution clearly says that “The Council of Ministers shall be collectively responsible to ‘House of the
People’.” It actually means that the Ministers are responsible to the Lok Sabha not as individuals alone, but
collectively also. Collective responsibility has two implications. Firstly, it means that every member of the
Council of ministers accepts responsibility for each and every decision of the Cabinet. Members of the Council
of Ministers swim and sink together. When a decision has been taken by the Cabinet, every Minister has to
stand by it without any hesitation. If a Minister does not agree with the Cabinet decision, the only alternative
left to him/her is to resign from the Council of Ministers.

The essence of collective responsibility means that, ‘the Minister must vote with the government, speak in
defense of it if the Prime Minister insists, and he/she cannot afterwards reject criticism of his act, either in
Parliament or in the constituencies, on the ground that he/she did not agree with the decision.’ Secondly, vote of
no-confidence against the Prime Minister is a vote against the whole Council of Ministers. Similarly, adverse
vote in the Lok Sabha on any government bill or budget implies lack of confidence in the entire Council of
Ministers, not only the mover of the bill.

CASE LAW :

State of Karnataka v. Union of India (1978)


The Supreme Court of India while deciding the case of State of Karnataka v. Union of India (1978)
explained the meaning of the principle of collective responsibility. The Apex Court observed that the
principle of collective responsibility has a political origin as it signifies that all the members of the
Council of Ministers should be collectively responsible towards the Legislature for any decision that
has been taken by them. It is the mechanism using which the Council of Ministers discharges their
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political responsibilities. The necessity of the principle of collective responsibility can only be felt
when the Indian Parliamentary system is functioning. Thus, all the ministers must stand together
while deciding on a particular subject matter.

Individual Responsibility

Though the Ministers are collectively responsible to the Lok Sabha, they are also individually responsible to the
Lok Sabha. Individual responsibility is enforced when an action taken by a Minister without the concurrence of
the Cabinet, or the Prime Minister, is criticised and not approved by the Parliament. Similarly if personal
conduct of a Minister is questionable and unbecoming he may have to resign without affecting the fate of the
Government. If a Minister becomes a liability or embarrassment to the Prime Minister, he may be asked to quit.

NO-CONFIDENCE MOTION :-

It is a motion moved by a member of legislature expressing no-confidence of the House in the Council of
Ministers. If adopted by the legislature, the Council of Ministers has to resign.

CONCEPT

OVERSIZED COUNCIL OF MINISTRIES – Prohibited

The Constitution (Ninety-first Amendment) Act, 2003 has inserted Clause (1-A) after Clause (1) of Article 75
to the effect that the total number of Ministers, including the Prime Minister, in the Council of Ministers, shall
not exceed fifteen per cent of the total number of Members of the House of the People. 54

DUTIES OF PRIME MINISTER TOWARDS THE PRESIDENT ( Article 78 )

Article 78 lays down the following duties of the Prime Minister towards the President

(1) duty to communicate to the President all decisions of the Council of Ministers relating to the administration
of the affairs of the Union and proposals for legislation;

54 Article 75 (1-A)
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(2) duty to furnish such information relating to the administration of the affairs of the Union and proposals for
legislation as the President may call for;

(3) duty to submit for the consideration of the Council of Ministers any matter on which a decision has been
taken by a Minister but which has not been considered by the Council. The President may require the Prime
Minister to do so. It is to ensure that the principle of collective responsibility operates effectively.

Thus, Article 78 explains that the President, though a nominal head of the State, has at least the right to be
informed of the affairs relating to the administration of the country. He must also be kept informed of the
proposals for legislation. The expression "affairs of the Union" in Article 78, means those matters with respect
to which the executive power of the Union extends. These may be found under Article 73 read with Article 246.

THE ATTORNEY GENERAL FOR INDIA ( Article 76 )

APPOINTMENT OF ATTORNEY GENERAL

Article 76 (1)provides that the president shall appoint a person who is qualified to be appointed a judge of the
Supreme Court to be attorney general for India. 55

Clause (4) provides that Attorney general holds office during the pleasure of the president and received such
remuneration as the president may determine.

Duties of the Attorney-General

55For qualifications, see article 124 (3) , infra 628-29. However, ,a person beyond the age of 65 years can be appointed as Attorney-
General . See state of Uttaranchal v. BS chaufal, AIR 2010 SC 2550.
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India Article 76(2) lays down the following duties of the Attorney-General for

(a) to give advice to the Government of India upon such legal matters referred to him by the President;

(b) to perform such other duties of a legal character as the President, from time to time, may assign to him;

(c) to discharge the functions conferred on him by the Constitution or any other law for the time being in force.

The following Rules are framed for the Attorney-General for India

(1) He shall appear in all cases in the Supreme Court in which the Government of India is a party. The
Government of India may require the Attorney-General to appear in any High Court in any case in which the
Government of India is a party.

(2) He shall not advise or hold a brief against the Government of India.

(3) He shall not defend the accused persons in criminal proceedings.

(4) He shall not accept appointment as Director in any Company without the previous permission of the
Government of India.

(5) He has the right to speak in either House of Parliament. In that case, he is entitled to the privileges and
immunities of a member of the Parliament, but he has no right to vote in Parliament.

CONCLUSION

Therefore, the Union Executive is one of the most important organs of the Indian democracy. It forms the soul
of our Indian administrative system. Union executive act as the strong shoot for all the branches of
administrative and executive bodies. The Constitution-makers have assembled together all the provisions
needed to form a strong and responsible executive system for our nation. Thus, it makes it important for the
citizens as well to coordinate with the executive for the better functioning of our Indian democratic system.

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BIBLIOGRAPHY

BOOKS

1) THE CONSTITUTION OF INDIA – BARE ACT WITH COMMENTS


BY LAW AND JUSTICE PUBLISHING CO | 2021
2) CONSTITUTIONAL LAW OF INDIA BY DRM NARENDRA KUMAR
ALLAHABAD LAW AGENCY

WEBSITES

https://indiankanoon.org

www.legalbites.in

www.barelaw.in

https://www.constitutionofindia.net

www.lawinsider.in

https://byjus.com

www.advocatekhoj.com

https://blog.ipleaders.in

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