Prez and Guv

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President of India

The Prez is at the head of the union executive.


Election
The Prez is elected by an electoral college based on Proportional
Representation (states have votes in proportion to their population)
by means of a single transferable vote. The voters shall consist of:
a) Elected members of both the houses of parliament
b) Elected members of legislative assemblies
c) Elected members of union territories of Delhi and Pondicherry.
The Prez candidate shall be a citizen of India and at least 35 years
old.
He/she shall have a term of 5 years
Powers and Functions of the Prez
a) As the nominal executive head of the state the Prez shall
exercise powers based on the aid and advice of the Council of
Ministers.
b) He can ask the (Council of Ministers) CofM to reconsider his
suggestion once; but if it is ignored he will be bound by any
decision taken by the CofM.
c) In other words the PREZ HAS NO DISCRETION on any matter.
d) Excepting if there is a hung parliament and he’s called upon to
summon the leader of the largest party/coalition.
e) He is also the commander-in-chief of the services.

Legislative Powers
f) The Prez is part of the parliament, like the British monarch
g) He is responsible for summoning and prorogation of the House;
he is bound to sign on any legislation passed by the parliament.
h) Finally he has vetoing powers that can be used only in special
situations.
i) He has the power to appoint the PM; the Governor; Attorney
General; the SC judges; all Govt appointments are in his name
including All India and Central Services.

Governor
Like the Prez the Guv stands at the head of the executive power
of the state.
In special circumstances a Guv can head more than one state
also.

The Guv is appointed by the Prez and holds his office at the
pleasure of the Prez.

The term of the Guv is 5 years and he has to be at least 35


years old.

The Guv possesses has no military or diplomatic powers, but he


has Executive, legislative and judicial powers

Executive
He appoints the CM and his ministers; he appoints the state
Advocate General and the members of the Public Services
Commission.

Legislative
Like the Prez the Guv is part of the state legislature.
He can address the legislature, summoning, proroguing and
dissolving the House.
He has the discretionary power to decide if the Govt has
become minority and can invite the party with the most
members/largest support for Govt formation.
Judicial
1. The Guv has the power to grant pardon, reprieve or
remission of sentence.

2. The Guv can proclaim emergency in the state under article


356 after sending a report to the Prez that the existing Govt
is untenable on various counts-
a) Its actions are illegal
b) Misgovernance
c) Functioning outside the constitution.

3. A bill becomes a law only after it has been signed by the Guv.
a) A Guv can declare his assent
b) He may withhold assent.
c) He may return the bill (other than Money bill) to the govt
with a message.
d) The Guv may reserve a bill for the consideration of the
Prez.

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